Word: blackmun
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...comments and questions from the U.S. Supreme Court Justices last week were any guide, the Barron argument will be rebuffed. Chief Justice Warren Burger asked rhetorically: "If Tornillo goes out and hires a hall to castigate the Miami Herald, should the newspaper get half his time?" Justice Harry Blackmun remarked that the First Amendment was designed to protect press freedom, not to compel full debate on all issues: that is, a free press has a right to take stands that some people might consider unfair...
...must first have defined the offense with precision. In North Little Rock, Ark., a policeman had heard one man in a group say, "Well, there goes the big bad mother- cops." Twice more, with pungent variations, the hecklers piled profanity on the policeman. Finally he made arrests. Dissenter Harry Blackmun, joined by Warren Burger and William Rehnquist, dryly related those facts and found that the applicable law had been sufficiently narrowed. But the majority, though it filed no written opinion, sent the case back to the Arkansas Supreme Court. The inflammatory language used may indeed have been punishable...
...grounds-most of them narrow and technical-leaving the rules wholly untouched. Despite the decision, there is still some hope of fending off the regulations. New legal challenges may be drawn up without the technical imperfections to which Rehnquist objected. And Justice Lewis Powell, joined by Justice Harry Blackmun, filed a concurring opinion warning that if the regulations were to go much further-say by lowering the $10,000 reporting minimum-they both might find the privacy claims more compelling and switch their votes, turning the three-man minority into a majority...
...rolling back new rights as the Warren majority had been in establishing them. Simon contends that in at least three out of four of his choices, Nixon got what he was looking for. William Rehnquist, for instance, "is an activist every bit as tenacious as William Douglas."And Harry Blackmun, like the Chief Justice with whom he almost always votes, also seems willing to follow his inclinations even when precedent seems to lie in the other direction. Perhaps only Lewis Powell, among the Nixon nominees, is a true exponent of judicial restraint...
...compelled to oblige any woman who happens to request an abortion. Attorney Margie Pitts Hames, who argued the case for Mary Doe, points out that this can be a critical factor in poor rural areas with only one doctor. That specific question was not before him, but Justice Blackmun, a former (1950-59) resident counsel at the Mayo Clinic, obviously has faith in the physician's traditional discretion. "Despite the presence of rascals in the medical profession, as in all others," he said, "we trust that most physicians are 'good...