Word: upheld
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Dates: during 1960-1969
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...opposition to induction and a trip to Viet Nam is strong enough, he should have little trouble getting his day in court. He need only refuse to be drafted, like Muhammad Ali, or burn his draft card, like David O'Brien, whose conviction has just been upheld by the Supreme Court. These days, such actions are almost sure to bring prosecution and a chance to argue the case before a judge and jury. But what of the average draftee who feels he should be either reclassified or excused from service, yet shies away from deliberate violation...
...Brien took his case to a court of appeals, which upheld his conviction for not carrying a draft card, as required by the Selective Service Act of 1948. However, the court ruled unconstitutional a 1965 congressional amendment to that act prohibiting destruction or mutilation of draft records, reasoning that the amendment, in effect, abridged freedom of speech. In a 7-to-l decision last week, the Supreme Court disagreed and upheld the congressional amendment by comparing the burning of draft cards to the destruction of tax records, also required to be kept by law. "We cannot accept the view," observed...
...they had no redeeming social value- and he seemed to be challenging the Government to prove they did not. The Supreme Court answered the challenge by surprising Ginzburg with a new rule: his methods of advertising and distribution, said the court, made him guilty of peddling pornography. It upheld a five-year prison sentence, which Ginzburg is still trying to get reduced...
Dissenting, as he so often has from extensions of Bill of Rights guarantees, Justice John Harlan repeated his feeling that due process "requires only that criminal trials be fundamentally fair." Since it cannot "be demonstrated that trial by jury is the only fair means," Justice Harlan would have upheld the conviction. But fairness was not the pivotal factor to Justice Byron White, who wrote for the majority. To him, the jury trial is so "fundamental to the American scheme of justice" that every citizen is entitled to it in "serious" criminal cases, whether or not another trial method might also...
...complained. N.L.R.B. Trial Examiner James F. Foley disagreed. Although allowing that "certain deception is accepted as a means of getting a story," Foley ruled that "Coram's conduct is not acceptable as permissible conduct," and that he had indeed been guilty of unethical journalistic behavior. His dismissal was upheld...