Volume 328 — United States Reports

Girouard v. United States, 328 U.S. 61 (1946), was a case decided by the Supreme Court of the United States. It concerned a pacifist applicant for naturalization who in the interview declared not to be willing to fight for the defense of the United States. The case questioned a precedent set by United States v. Schwimmer in 1929 that denied an applicant entry to the United States because of her pacifist stance. Girouard v. United States overturned that precedent by voting in favor of James Girouard's religious freedom through allowing him to uphold his Seventh-day Adventist beliefs. Chief Justice Harlan F. Stone died the day of the decision.

Held: the exclusive jurisdiction of the bankruptcy court is not limited to protecting the possession of the trustee; it “extends also to the adjudication of questions respecting the title.” See White v. Schloerb, 178 U. S. 542 ; Whitney v. Wenman, 198 U. S. 539 . Petitioners argue that the present case comes within that principle. It is pointed out that this suit seeks the cancellation of the trackage agreement.

Held: the Administrator here could not proceed in the federal court, since there is a proceeding pending in a state court. Since the provisions of the Price Control Act, enacted long after § 265, do not compel the Administrator to go into the state courts but leave him free to seek relief in the federal courts, he was not barred by § 265 from seeking an injunction to restrain an unlawful eviction.

United States v. Causby, 328 U.S. 256 (1946), was a landmark United States Supreme Court decision related to ownership of airspace above private property. The United States government claimed a public right to fly over Thomas Lee Causby's farm located near an airport in Greensboro, North Carolina. Causby argued that the government's low-altitude flights entitled him to just compensation under the Takings Clause of the Fifth Amendment.

Securities and Exchange Commission v. W. J. Howey Co., 328 U.S. 293 (1946), was a case in which the Supreme Court of the United States held that the offer of a land sales and service contract was an "investment contract" within the meaning of the Securities Act of 1933 (15 U.S.C. § 77b) and that the use of the mails and interstate commerce in the offer and sale of these securities was a violation of §5 of the Act, 15 U.S.C. § 77e. It was an important case in determining the general applicability of the federal securities laws.

United States v. Lovett, 328 U.S. 303 (1946), was a United States Supreme Court case in which the Court held that Congress may not forbid the payment of a salary to a specific individual, as it would constitute an unconstitutional bill of attainder.

Pennekamp v. Florida, 328 U.S. 331 (1946), was a Supreme Court case in which the court held that a Florida circuit court which held the Miami Herald in contempt of court for publishing a scathing publication of that court was a violation of the First and Fourteenth Amendment. The unanimous court reversed the judgement of the Supreme Court of Florida which affirmed the contempt of court charge.

Morgan v. Virginia, 328 U.S. 373 (1946), is a major United States Supreme Court case. In this landmark 1946 ruling, the U.S. Supreme Court ruled 7–1 that Virginia's state law enforcing segregation on interstate buses was unconstitutional.

Held: either on the face of the statute or by any showing that has been made, to be excessive for the protection of the local interest affected; or designed or effective either to discriminate against foreign or interstate insurers or to forbid or exclude their activities, by all who are able and willing to maintain reasonable minimum reserve standards for the protection of policyholders.

Fisher v. United States, 328 U.S. 463 (1946), was a U.S. Supreme Court decision in which the Court held that under District of Columbia law, evidence of a mental disorder that does not qualify as legal insanity cannot reduce a first-degree murder charge – which requires the murder be deliberate and premeditated – to second degree.

Colegrove v. Green, 328 U.S. 549 (1946), was a United States Supreme Court case. Writing for a 4–3 plurality, Justice Felix Frankfurter held that the federal judiciary had no power to interfere with malapportioned Congressional districts. The Court held that the Elections Clause in Article I, section IV of the U.S. Constitution left to the legislature of each state the authority to establish the time, place, and manner of holding elections for Congressional Representatives, and that only Congress (and thus not the federal judiciary) could determine whether individual state legislatures had fulfilled their responsibility to secure fair representation for citizens. However, in Baker v. Carr, 369 U.S.

Held: not only that the protection of the Amendment extends to a witness before a grand jury, although he has not been charged with crime, Counselman v. Hitchcock, 142 U. S. 547 , 562, 586, but that: ‘It applies alike to civil and criminal proceedings, wherever the answer might tend to subject to criminal responsibility him who gives it.

Pinkerton v. United States, 328 U.S. 640 (1946), is a case in the Supreme Court of the United States. The case enunciated the principle of Pinkerton liability, a prominent concept in the law of conspiracy.

Held: views expressed, or acts done in promoting their acceptance falling short of treason as defined in the Constitution 3 or conviction for felony. Nor has it thus far brought about that extinction by forms of trial other than those provided for such offenses.

Anderson v. Mt. Clemens Pottery Co., 328 U.S. 680 (1946), is a decision by the US Supreme Court that held that preliminary work activities, if controlled by the employer and performed entirely for the employer's benefit, are properly included as working time under Fair Labor Standards Act. The decision is known as the "portal to portal case."

Held: in effect, that this transfer stripped seamen of many, if not all, of their protections, including the remedy under the Jones Act, for the duration of the war and six months. 24 True, the decision applies specifically only to Jones Act proceedings.

Kotteakos v. United States, 328 U.S. 750 (1946), was a United States Supreme Court case in which the court held that for a non-constitutional error that affected a defendant's substantial rights, a reviewing court must reverse the judgment unless there is a "fair assurance" that the error did not affect the outcome. This case articulated the Kotteakos standard: an error is harmless unless it "had a substantial and injurious effect or influence in determining the jury's verdict."