Word: harlan
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...July 1 spread on "The Nine Justices" lists Baptist Warren, Baptist Black, Presbyterian Douglas, Unitarian Burton, Presbyterian Clark, Presbyterian Harlan, Roman Catholic Brennan, Methodist Whittaker and Indefatigable Felix Frankfurter. Is Justice Frankfurter a Northern, Southern, Missouri or United Indefatigable...
Lady Chatterley's Lover. Traveling a middle road was Justice John Marshall Harlan. On the ground that the states "bear direct responsibility for the protection of the local moral fabric" but the U.S. Congress "has no substantive power over sexual morality," he concurred in rejecting Alberts' 14th Amendment plea, but dissented in the First Amendment Roth case. Wrote Harlan: "The danger is perhaps not great if the people of one state, through their legislature, decide that Lady Chatterley's Lover goes so far beyond the acceptable standards of candor that it will be deemed offensive...
...difference between the Mathes and Medina instructions might be "subtle and difficult to grasp," wrote Harlan, but this only proves the need for requiring clarity...
...Supreme Court was not impressed. Wrote Harlan: "We should follow the familiar rule that criminal statutes are to be strictly construed, and give to 'organize' its narrow meaning, that is, that the word refers only to acts entering into the creation of a new organization, and not to acts thereafter performed in carrying on its activities, even though such acts may loosely be termed 'organizational.' " Therefore, since the U.S. Communist Party was organized (i-e., founded) no later than 1945, and the defendants were indicted in 1951, the "organizing" indictment was barred by a three-year...
Last week's opinion, written by Justice Harlan, reversed the lower courts' stand, held that the State Department's regulations amounted to "substantive and procedural" limitations upon the Secretary's "absolute discretion...