Word: opinionated
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Dates: during 1950-1959
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Legal-Eagle Eyes. The new look for the law began soon after Earl Warren came out of his successful California political career (see box) to become Chief Justice. His first major opinion was in the memorable school desegregation case, and he was joined in it by all his brethren on the court. But while millions cheered the result, many lawyers had an uneasy feeling that it hung on too much sociological ballooning and not enough legal ballast. More than a year ago sharp legal-eagle eyes began to open wide at signs of changes to come. The Warren court reversed...
...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...
Justice Tom Clark, the court's lone all-out dissenter to the opinion, said the distinction was certainly too subtle and difficult for him. Clark added acidly: "Certainly if I had been [the judge] at the [California] trial, I would have given the [Medina] charge, not because I consider it any more correct, but simply because it had the stamp of approval of this court. Perhaps this approach is too practical. But I am sure the trial judge realizes now that practicality often pays...
Even this was not enough for Justices Black and Douglas, who have long held that the Smith Act is unconstitutional. Black, in an opinion "concurring in part and dissenting in part," joined with Douglas in demanding acquittal for all 14 Communists. In fact Black advanced the proposition that the U.S. should move to protect its security only after rebellion or rioting has started. Concluded he: "The First Amendment provides the only kind of security system that can preserve a free government-one that leaves the way wide open for people to favor, discuss, advocate, or incite causes and doctrines, however...
Last week the U.S. Supreme Court reversed the Watkins conviction 6-1 (Whittaker not participating)-and an often emotional opinion by Chief Justice Earl Warren meandered over most of the constitutional landscape while throwing up fences against the power of congressional investigation...