Word: harlan
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...Jersey Democrat William Brennan, there was formed a B.B.D. & W. dominant liberal bloc-Black, Brennan, Douglas and Warren. While no court bloc is ever hard and fast, this group-over a wide range of cases-frequently managed to make itself into a majority with support from Justices Harlan and Frankfurter...
Meaning of Advocacy. Writing for the majority, Justice Harlan laid the fault principally on District Judge William C. Mathes for issuing "fatally defective" instructions to the jury at the 1952 trial. Judge Mathes had instructed the jury that "advocacy and teaching" under the Smith Act did not mean merely talking about the "desirability" or "propriety" of overthrowing the U.S. Government by force and violence. Instead, said Mathes, it required "urging" the "necessity" and "duty" of violent, forcible overthrow...
...Supreme Court held that the crime, as Mathes described it, was no crime at all because it still came within the protective mantle of the Constitution's First Amendment, which guarantees freedom of speech and political belief. Wrote Justice Harlan: "The essential distinction is that those to whom the advocacy is addressed must be urged to do something, now or in the future, rather than merely to believe in something...
...proper legal definition of "advocacy and teaching," Harlan's opinion pointed to the 1949 jury instructions of Judge Harold Medina in the landmark trial in New York of Communist Party Secretary Eugene Dennis and ten other top U.S. Reds. The Medina instructions, upheld by the Supreme Court in 1951, said that the Smith Act denounced not the "abstract doctrine" of violent overthrow but the "teaching and advocacy of action" in "language reasonably and ordinarily calculated to incite persons to such action." Apparently, to the Supreme Court's mind, the key phrase was "incite to action"-and Judge Mathes...
...decision Minton was replaced by William J. Brennan, and last week Justice Brennan joined the liberal-tending War ren-Douglas-Black bloc to hold court-martial trials unconstitutional for overseas dependents. Reed was succeeded by Justice Charles Evans Whittaker, who did not participate in last week's decision. Harlan switched sides with the candid admission that time had given him "an opportunity for greater reflection.'' And Frankfurter, his mind finally made up. voted with last week's majority (but. like Harlan, only insofar as it affected capital cases). That left only two-Clark and Burton-where...