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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...

Author: /time Magazine | Title: THE SUPREME COURT: Truer Course | 6/22/1959 | See Source »

George M.A. Hanfmann, professor of Fine Arts, will lead a party of fourteen in futher excavation efforts at Sardis, Turkey. Hanfmann's group made an exceptional find last year when they discovered a potter's workshop dating from the time of the Lydian kings...

Author: NO WRITER ATTRIBUTED | Title: Hanfmann Excavates | 6/8/1959 | See Source »

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...

Author: /time Magazine | Title: THE SUPREME COURT: Case of the Baltimore Rats | 5/18/1959 | See Source »

...their frequent irritation at Supreme Court decisions, some Senators cannot resist the temptation to make court appointees squirm. Last week Cincinnati's Potter Stewart, 44, youngest justice in 20 years, got the special treatment when the Judiciary Committee took up his interim appointment (to succeed ailing Justice Harold Burton, TIME...

Author: /time Magazine | Title: National Affairs: Quizzing the Justice | 4/20/1959 | See Source »

Eastland began baiting Stewart on the legal reasoning in 1954's keystone Brown v. Board of Education desegregation decision. Replied Potter Stewart evenly: "I didn't come here today to criticize the institution of the Supreme Court or to do any harm to it ... I never so far as I know decided a case on any basis other than applying the law as I understand it to the facts ... In many cases the law is not easy to find. Certainly, in many cases before the Supreme Court of the U.S. If they were easy cases, they would...

Author: /time Magazine | Title: National Affairs: Quizzing the Justice | 4/20/1959 | See Source »

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