Word: harlan
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Last week, in an opinion written by Justice Tom Clark (Justices Felix Frankfurter, John Marshall Harlan, Charles Evans Whittaker and Potter Stewart concurring), the Supreme Court turned Uphaus down. The critical difference between Uphaus and Nelson, said the court, was that evidence in Steve Nelson's case had indicated activities not against a state but against the Federal Government. Wrote Justice Clark: "All the [Nelson] opinion proscribed was a race between federal and state prosecutors to the courthouse door. The opinion made clear that a State could proceed with prosecutions for sedition against the State itself." In a dissent...
Historically, wrote Justice Felix Frankfurter for the majority (Justices Tom Clark, John Marshall Harlan, Charles Evans Whittaker, Potter Stewart), the constitutional protections of privacy were designed to prevent officials from seizing evidence to be used against the householder in a criminal case without due process of law. "Giving the fullest scope to this constitutional right to privacy, its protection cannot be here invoked . . . No evidence for criminal prosecution is sought to be seized . . . Here was no midnight knock on the door but an orderly visit in the middle of the afternoon . . . Time and experience have forcefully taught that the power...
They say in Harlan County...
Reading your story about Harlan County, Ky. [Feb. 23] was like reading of a favorite old relative who had died. My father, a doctor, began practicing medicine there in the '20s. A schoolteacher we knew there, rumored to have given aid and comfort to an Internal Revenue agent, went out one morning with his daughter; he sent her back to the house for their lunches, stepped on the starter of their car, and was blown all over Harlan County by the dynamite explosion...
...born in Bloody Harlan County, and it saddens me to hear that it has fallen on bad times...