Word: upheld
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Dates: during 1960-1969
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...Gilbert said that he would call off the pickets only if management promised to bring neither damage nor contempt suits. Holtzoff held the brotherhood in contempt of court, as a starter fined it $25,000 a day for the duration of the strike. This week, a court of appeals upheld Holtzoff's decision-and the union ordered its men back to work...
...Justice Department lawyers, the court voted 5 to 4 to up hold Publisher Ralph Ginzburg's $28,000 fine and five-year federal sentence for selling the now defunct magazine Eros and two other obscene publications through the mails. By a vote of 6 to 3, the court upheld Edward Mishkin's three-year New York sentence for planning and peddling 140 weird little "bondage" books (Screaming Flesh, House of Torture, etc.) devoted to sadism and masochism and typically spiced with scenes of naked girls whipping each other. By another 6-to-3 vote, the court struck down...
Harried Justices. What the Justices were really bothered by was the court's difficult decision in Roth v. U.S. (1957), which held for the first time that obscenity is not protected by First Amendment guarantees of free speech. In Roth, which upheld a federal antiobscenity statute, the court classified obscenity as a kind of "non-speech" -no longer protected by the familiar test that bars only those words that carry a "clear and present danger" of inciting anti-social conduct. Roth also carefully declared: "Sex and obscenity are not synonymous." And in later cases, the court refused to censor...
Last week, in a precedent-setting decision, the U.S. Circuit Court of Appeals for the District of Columbia struck a major blow in behalf of private power companies. The three-judge court upheld a 1964 Federal Power Commission decision licensing Pacific Northwest Power Co., a consortium of four private power firms, to build a $257 million, 670-ft.-high dam and a generating plant at Mountain Sheep, in the middle reaches of the Snake River astride the Oregon-Idaho border. The court unanimously rejected the challenge of the Washington Public Power Supply System, a group of 16 public utilities, which...
...Supreme Court upheld the conviction, but Justice William Brennan Jr.'s majority opinion is puzzling indeed. Brennan explained that the Court could use a publisher's manner of advertising to determine whether the material itself is obscene. A publication with some kind of "redeeming social value" may escape the obscenity charge. But Brennan seemed to be saying that titillating publicity establishes the obscenity of a book's content. When the material's status is uncertain by other tests, the advertising criterion may tip the scale in favor of labelling the publication obscene...