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...Balliro's first argument is that "Massachusetts birth control laws violate due process of law in that they constitute an unwarranted invasion of privacy." The argument is convoluted and seems, to lay eyes, to stretch a number of constitutional amendments...

Author: By Peter D. Kramer, | Title: Baird in Court | 12/4/1968 | See Source »

Clerks for the state supreme court justices have grabbed up most of the briefs printed. I managed to get one of the secretaries working for Joseph J. Balliro, Baird's attorney, to lend me a copy for a day. A grey looking fellow in a charcoal three-piece suit cornered me in an elevator in the court building when he saw what I had in my hand and made me swear up and down that I could not tell him where to find another copy...

Author: By Peter D. Kramer, | Title: Baird in Court | 12/4/1968 | See Source »

...BALLIRO claims that the "right to health, to social and economic well-being and, indeed, the right to life itself," also falls under this shadow--and he says the birth control statutes violate these rights...

Author: By Peter D. Kramer, | Title: Baird in Court | 12/4/1968 | See Source »

...state supreme court may rule that the shadow which protects marriage does not reach "illicit intercourse." Balliro did not choose to predict that this argument will convince the court. But the argument does give Balliro a chance to list ways in which the laws impose frightening penalties upon those who are prevented from learning about or from taking advantage of birth control devices. The arguments take up only five pages of an 80-page brief, but a sample shows that they give the reasons behind most of the other legal reasoning...

Author: By Peter D. Kramer, | Title: Baird in Court | 12/4/1968 | See Source »

...Balliro cites an extensive passage from Karl Menninger about the effects of "repressed maternal hatred" on the unwanted child: "This may show itself in a determined campaign or in a provocative program of attracting attention by offensive behavior and even criminal acts. Still more seriously it may show itself as a constant fear of other people or as a bitter prejudice against individuals or groups, through deep-seated, easily evoked hatred for them.... The importance of this factor in the psychology of war is even greater, in my opinion, than the economic factor arising from the increase in population...

Author: By Peter D. Kramer, | Title: Baird in Court | 12/4/1968 | See Source »

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