Word: enjoins
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Although courts readily enjoin deliberately noisy neighbors, loud dance halls and amusement parks, "serious" business is another matter. Unless caused by poor design, for example, ordinary industrial noise is protected on the ground that silencing it would cause undue losses. Even though the test is what a person of "ordinary sensibilities" can tolerate, the law does not automatically protect those who choose to live beside sources of foreseeable noise, however annoying...
...vote of 5 to 2, the court ruled that federal courts may now enjoin criminal prosecutions (but only before indictments) under vaguely worded state laws that have a "chilling effect" on the "transcendent" First Amendment right of free speech. Under a 1962 anti-subversive law, Louisiana had charged three white civil rights officials with failing to register as Communist-fronters. The defendants claimed that the sweeping law was actually being used to deny free speech and curb integration. A federal court refused to intervene under the long-held "abstention" doctrine, which requires that a state court get first crack...
Balancing Interests. Doctrinaire conservatives were aghast at the appointment. Later on, Frankfurter infuriated dogmatic liberals, who had thought he was their captive. The man who had attacked the business-minded Supreme Court in the '20s now upheld the right of states to enjoin even peaceful picketing. The man who had denounced "Red raids" after World War I now sustained constitutionally debatable sanctions against Communists. Leading a 5-to-4 majority, Frankfurter was often the key supporter of cold-war security measures that appalled his judicial foe (but personal friend) Justice Hugo Black...
Then began the months of rewriting, rehearsing-and recriminations. During the five weeks of tryouts before the premiere, three roles were written out. Three fresh writers and a composer were hysterically summoned, whereupon the original authors sued to enjoin the opening. The New York Supreme Court refused to issue the injunction-thus leaving the case to what turned out to be a hanging jury: the New York reviewers. As Herald Tribune Columnist Dick Schaap summed up the first-night verdict: "Hitler got better notices in World War II." There was no second night, and Kelly bombed...
...Patently Preposterous." In granting Hesburgh's wish, Justice Greenberg set a precedent that may widely affect publishers and other moviemakers if it survives in higher courts. Because a man's name is a property right, Greenberg might have enjoined the film solely on the ground that Father Hesburgh, who was easily recognizable as Father Ryan, had not given his consent. But Greenberg went farther. A university's name is also a property right, he said. To be sure, others may freely exploit it, and for profit, by virtue of the public's "right to know...