those advocating censorship have cited a state supreme court that held that “Holmes’ aphorism . . . applies with equal force to pornography.” Another court analogized “picketing . . . in support of a secondary boycott” to shouting “Fire!” because in both instances “speech and con...
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a challenge to the constitutionality of a state statute could be brought in front of a three judge district court with the right to appeal its ruling directly to the Supreme Court. The criteria for bringing such a challenge
or to the public as a result of his exposure. Obscenity may be offensive; it is not per se harmful. Had the Court considered obscenity harmful as such
but for my novel approach to offensiveness under the First Amendment. It was a heck of a way to begin my career as a lawyer. The victory would
it decided the case on a narrow procedural ground. We eventually settled the case to the advantage of the defendants. The film was shown throughout the country and no one went to prison. Judge Aldrich’s opinion
even a democracy in which the Supreme Court plays so central a role
we decided to seek review in the Supreme Court. This decision was itself controversial within the anti-capital punishment legal community. The legal landscape had changed since the Supreme Court decided Furman and several other cases imposing restrictions on the use of the deat...
it was clear from the record that they specifically intended not to kill and that Gary and Randy had to trick the brothers into going for water before opening fire. I also pointed to a finding by the Arizona Supreme Court that the murder of the Lyons’ family was not part of the...
the trial court reimposed death sentences
which had affirmed the original death sentence. This time the court unanimously reversed the trial judge
the court published the decision reversing Sybers conviction
the Nevada Supreme Court reversed the murder convictions and ordered a new trial. 69
an increasingly conservative Supreme Court
even if the doctors believed that “no” meant “yes.” The appellate court ruled
on the ground that allowing the defense to have access to the complainant’s psychiatric records would discourage complainants from coming forward. The court was sensitive to this concern and said the following: