Word: thurgood
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Frenetic Haste. The opinions within that framework varied widely (see box). Three of the Justices-Hugo L. Black, William O. Douglas and Thurgood Marshall-contended that there can be no exceptions to the First Amendment's press freedom; no matter what the potential impact on the nation, prior restraints on news cannot be imposed by Government. Another trio composed of Justices Potter Stewart, William J. Brennan Jr. and Byron R. White took a middle position, contending that the First Amendment is not absolute and a potential danger to national security may be so grave as to justify censorship. However...
...submitted," and gave no indication of when a decision would be handed down. It was expected early this week, however, and supporters of the Times and Post took heart from the narrow (5 to 4) decision to listen to oral arguments; the dissenting Justices (Douglas, Hugo Black, William Brennan, Thurgood Marshall) did not even think the Government's case was worth considering. If only one of the other five joins them-and Stewart is considered an active possibility-then the papers will have won their battle against prior restraint. But the victory would not allow the press to behave...
...Justice Thurgood Marshall dissented. The law, he said, imposes "a substantial burden solely on the poor" in violation of the amendment. The Justice Department, which had argued with Southern lawyers against unlimited busing in the school case, lost again. This time its attorneys argued in behalf of the complaining welfare families...
...have recognized suits for injury on behalf of the fetus. But a federal court overturned the Illinois law as "unconstitutionally vague" because it did not clearly specify what acts were violations. There was a brief surge of abortions in the state's hospitals. U.S. Supreme Court Justice Thurgood Marshall, ruling on a request from Heffernan, issued a stay against the lower court's ruling last month, effectively preventing further abortions until the full Supreme Court hears the case...
Gillette and Negre claimed, among other things, that the draft law violates the First Amendment ban against governmental "establishment of religion." It does so, they said, by favoring denominations that preach total pacifism while penalizing others that oppose only unjust wars. Speaking for the court majority, Justice Thurgood Marshall noted that the establishment clause requires that "when government activities touch on the religious sphere, they must be secular in purpose, evenhanded in operation and neutral in primary impact." By exempting objectors to all wars, Marshall held, Congress properly focused on individual consciences, not sectarian affiliations. It also avoided administrative chaos...