United States Reports: Cases Adjudged in the Supreme Court at ... and Rules Announced at ..., Volume 413United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner Banks & Bros., Law Publishers, 1975 - Courts |
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Page iv
... BRENNAN , JR . , Associate Justice . For the Second Circuit , THURGOOD MARSHALL , Associate Justice . For the Third Circuit , WILLIAM J. BRENNan , Jr. , Associate Justice . For the Fourth Circuit , WARREN E. BURGER , Chief Justice . For ...
... BRENNAN , JR . , Associate Justice . For the Second Circuit , THURGOOD MARSHALL , Associate Justice . For the Third Circuit , WILLIAM J. BRENNan , Jr. , Associate Justice . For the Fourth Circuit , WARREN E. BURGER , Chief Justice . For ...
Page 27
... ( BRENNAN , J. , dissenting ) . Paradoxically , MR . Justice BRENNAN indicates that suppression of unprotected ob- scene material is permissible to avoid exposure to un- consenting adults , as in this case , and to juveniles , al- though ...
... ( BRENNAN , J. , dissenting ) . Paradoxically , MR . Justice BRENNAN indicates that suppression of unprotected ob- scene material is permissible to avoid exposure to un- consenting adults , as in this case , and to juveniles , al- though ...
Page 36
... BRENNAN finds " it is hard to see how state - ordered regimentation of our minds can ever be forestalled . " Paris Adult Theatre I v . Slaton , post , at 110 ( BRENNAN , J. , dissenting ) . These doleful anticipa- tions assume that ...
... BRENNAN finds " it is hard to see how state - ordered regimentation of our minds can ever be forestalled . " Paris Adult Theatre I v . Slaton , post , at 110 ( BRENNAN , J. , dissenting ) . These doleful anticipa- tions assume that ...
Page 47
... BRENNAN , J. , dissenting that all ideas competing for acceptance must have no censor . Perhaps they will decide otherwise . Whatever the choice , the courts will have some guidelines . Now we have none except our own predilections . MR ...
... BRENNAN , J. , dissenting that all ideas competing for acceptance must have no censor . Perhaps they will decide otherwise . Whatever the choice , the courts will have some guidelines . Now we have none except our own predilections . MR ...
Page 72
... BRENNAN to for- sake the low road which the Court has followed in this field . The new regime he would inaugurate is much closer than the old to the policy of abstention which the First Amendment proclaims . But since we do not have ...
... BRENNAN to for- sake the low road which the Court has followed in this field . The new regime he would inaugurate is much closer than the old to the policy of abstention which the First Amendment proclaims . But since we do not have ...
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Common terms and phrases
action affirmed aliens amicus curiae appellees applied argued the cause assistance Attorney authority BLACKMUN Board of Education BRENNAN California Certiorari Civil Service concurring conduct Congress constitutional constitutionally counsel County Court of Appeals court-martial criminal decision denied desegregation dissenting 413 U.S. dissenting opinion District Court employees employment Establishment Clause federal filed film food stamps Fourteenth Amendment Fourth Amendment Government granted Hatch Act held household judgment judicial June 25 jurisdiction legislative lineup MARSHALL ment military motion nonpublic schools O'Callahan obscene obscene material offense parents Paris Adult Theatre Park Hill person petitioner photographic POWELL prohibited protected public schools purpose question racial regulation REHNQUIST religious remanded Roth rule School Board School District school system sectarian segregation seizure Seventh Amendment Sixth Amendment Slaton standards Stat State's statute Supp supra tion trial by jury tuition United violation vote warrant York
Popular passages
Page 15 - The basic guidelines for the trier of fact must be: (a) whether "the average person, applying contemporary community standards...
Page 95 - ... would find that the work, taken as a whole, appeals to the prurient interest; (b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and (c) whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
Page 225 - In these days, it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education. Such an opportunity, where the state has undertaken to provide it, is a right which must be made available to all on equal terms. We come then to the question presented: Does segregation of children in public schools solely on the basis of race, even though the physical facilities and other "tangible" factors may be equal, deprive the children of the minority...
Page 247 - The fundamental theory of liberty upon which all governments in this Union repose excludes any general power of the State to standardize its children by forcing them to accept instruction from public teachers only. The child is not the mere creature of the State; those who nurture him and direct his destiny have the right, coupled with the high duty, to recognize and prepare him for additional obligations.
Page 221 - School boards such as the respondent then operating statecompelled dual systems were nevertheless clearly charged with the affirmative duty to take whatever steps might be necessary to convert to a unitary system in which racial discrimination would be eliminated root and branch.
Page 390 - To subject the press to the restrictive power of a licenser, as was formerly done, both before and since the revolution, is to subject all freedom of sentiment to the prejudices of one man, and make him the arbitrary and infallible judge of all controverted points in learning, religion, and government.
Page 356 - Except as otherwise provided by law, any party may appeal to the Supreme Court from an order granting or denying, after notice and hearing, an interlocutory or permanent injunction in any civil action, suit or proceeding required by any Act of Congress to be heard and determined by a district court of three judges.
Page 780 - No tax in any amount, large or small, can be levied to support any religious activities or institutions, whatever they may be called, or whatever form they may adopt to teach or practice religion.
Page 97 - All ideas having even the slightest redeeming social importance — unorthodox ideas, controversial ideas, even ideas hateful to the prevailing climate of opinion — have the full protection of the guaranties, unless excludable because they encroach upon the limited area of more important interests. But implicit in the history of the First Amendment is the rejection of obscenity as utterly without redeeming social importance.
Page 26 - Whatever imprecision inheres in these terms, we think it clear that a government regulation is sufficiently justified if it is within the constitutional power of the Government; if it furthers an important or substantial governmental interest; if the governmental interest is unrelated to the suppression of free expression; and if the incidental restriction on alleged First Amendment freedoms is no greater than is essential to the furtherance of that interest.