No and yes. Douglas and Black were important advocates of free speech, but the protections for political speech we have were not won till the Warren Court era. The first major victory was Yates v. US (1957), saetting aside the Smith Act convictions of the lower echelon Communist leaders on grounds of overbreadth, written by Justice Harlan, an Eisenhower conservative. Harlan also write Scales and and Noto (1961), cutting back on the Smith Act somewhat. Justice Goldberger, a Johnson liberal, writes Aptheker v. Sec. of State (1964), upholding a CP leader's right to a passport. The foundational "advocacy of illegal conduct" opinion is Brandenberg v. Ohio (1969), a per curiam (unsigned) opinion in a Klan case that holds that only speech that advocates immanent illegal conduct may be prohibited. Black and Douglas voted on the right side in all of these, but given the lineup by 1964, their votes were not strictly required.
jks --- Kenneth Campbell <[EMAIL PROTECTED]> wrote: > Wellllll... yes and no. > > Yes, it was "Warren's" court, and Eisenhower was > disappointed with his > two appointments. > > But, no, Warren couldn't have done anything without > Black and Douglas. > And Douglas was a major source of this extreme free > speech-ism. (Mind > you, I wasn't there.) > > Ken. > > -- > I used to work in a fire hydrant factory. You > couldn't park > anywhere near the place. > -- Steven Wright > > > >-----Original Message----- > >From: PEN-L list [mailto:[EMAIL PROTECTED] > Behalf Of andie > >nachgeborenen > >Sent: Saturday, November 01, 2003 6:04 AM > >To: [EMAIL PROTECTED] > >Subject: Re: [PEN-L] In defence of Krugman > > > > > >Actually, no. Roosevelt tried to pack the court, > and > >failed. One of the former bad guy justices switched > >his view and started supporting the New Deal. The > >Roosevelt era court mainly supported expanded govt > >power to regulate business, not primarily enhanced > >free speech and civil rights. Its most notably free > >speech decision was probably US v. Dennis (1948), > >upholding the conviction of the CPUSA leaders for > >conspiracy to advocate the overthrow of the govt. > The > >real civil libertarian court was the Warren Court, > >whose key members were Warren and Brennan, > appointed > >by Eisenhower, and Goldberg, Fortas, and Marshall, > >appointed by Kennedy and Johnson. The one right > thing > >you say here is that the Warren Court era is over. jks __________________________________ Do you Yahoo!? Exclusive Video Premiere - Britney Spears http://launch.yahoo.com/promos/britneyspears/
