Word: upheld
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Dates: during 1960-1969
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...peace. He got five months and a $500 fine for obstructing public passages, one year and a $5,000 fine for picketing a courthouse-all to be served cumulatively, for a total of 21 months in jail and $5,700 in fines. Louisiana's highest court upheld the convictions...
...considering Cox's next case, Goldberg upheld the principle of Louisiana's obstruction-of-passage statute. "Governmental authorities have the duty and responsibility to keep their streets open and available for movement." Indeed, "we emphatically reject the notion urged by appellant" that the First Amendment protects street demonstrations just as much as pure speech. But the Louisiana statute contains no precise standards, and the way Baton Rouge police put it to work, said Goldberg, was "an unwarranted abridgment of appellant's freedom of speech and assembly." Out went the second conviction...
...York judge who issued the criminal warrant mercifully stayed its execution "during session of the Congress." But the judge can always modify her mercy. Meanwhile, Powell has petitioned the Supreme Court for review of the libel judgment, which was upheld by New York's highest state court. The Supreme Court may be ready to accept or reject Powell's appeal on Jan. 18. If it turns him down, the libel judgment will be final...
Clark noted that ever since 1824 the courts have consistently upheld a rule by Chief Justice John Marshall in a famous case (Gibbons v. Ogden, involving steamboat traffic between New York and New Jersey) that the commerce clause gives Congress a power "complete in itself" that may "be exercised to its utmost extent, and acknowledges no limitations, other than are prescribed in the Constitution." The only real test of that power, wrote Clark, is "whether the activity sought to be regulated is commerce which concerns more than one state and has a real and substantial relation to the national interest...
...fact that the main intent of Congress in passing the act was to deal with "what it considered a moral wrong," does not affect its validity under the commerce clause, Clark ruled. In past cases, such as those involving laws against white slavery and gambling, the court has upheld commerce-clause regulations that had more of a moral than an economic intent. Nor is the size of a specific activity relevant. Thus in 1942 the court upheld the Agricultural Adjustment Act of 1938 as applied to a farmer who sowed only 23 acres of wheat to feed his own cattle...