Volume 361 — United States Reports

This is a list of all the United States Supreme Court cases from volume 361 of the United States Reports:

Smith v. California, 361 U.S. 147 (1959), was a U.S. Supreme Court case upholding the freedom of the press. The decision deemed unconstitutional a city ordinance that made one in possession of obscene books criminally liable because it did not require proof that one had knowledge of the book's content, and thus violated the freedom of the press guaranteed in the First Amendment. Smith v. California continued the Supreme Court precedent of ruling that questions of freedom of expression were protected by the Due Process Clause of the Fourteenth Amendment from invasion by state action. It also established that in order for one to be criminally liable for possession of obscene material, there must be proof of one's knowledge of the material.

from pages 173-175 intentionally omitted] Messrs. Max Swiren, Chicago, Ill., and Harold J. Soderberg, for appellants. Messrs. Robert W. Ginnane, Washington, D.C., and Starr Thomas, Chicago, Ill., for appellees.

Held: the delayed filing of a notice of appeal— found to have resulted from “excusable neglect” — is sufficient to confer jurisdiction of the appeal, it would consistently follow that á District Court may, upon a like finding, permit delayed filing of a motion for new trial under Rule 33, 5 of a motion - in arrest of judgment under Rule 34, 6 and the reduction of sentence under Rule 35, 7 at any time — months or even…

Held: in various contexts, that Clause 14 does not limit the power of Congress to the government and regulation of only those persons who are 'members' of the armed services.

Held: within the reach of admiralty jurisdiction, The Plymouth, 3 Wall. 20 ; Kermarec v. Compagnie Generate, 358 U. S. 625 . Oregon would be required, therefore, ■ to look to maritime law in deciding it.

Held: contrary to the District Court, that the vessel was not unseaworthy at the time of the accident, and that in any event the decedent was not a person to whom the warranty of seaworthiness was owed. In the light of this determination, it did not pass on the question whether unseaworthiness would be in any event available as a ground for recovery in a West Virginia wrongful death action involving a maritime tort.

Held: owned, used and occupied by the United States' for public purposes.

Held: among other things, that employee conduct quite similar to the conduct at bar was neither protected by § 7 of the Act nor prohibited (made an unfair labor practice) by § 8. The respondent urges that the holding there that the conduct was not prohibited by § 8 in and of itself requires an affirmance of the judgment here, since in this case the Board's order found a violation of § 8.

Bates v. City of Little Rock, 361 U.S. 516 (1960), was a case in which the Supreme Court of the United States held that the First Amendment to the U.S. Constitution forbade state governments from compelling the disclosure of an organization's membership lists via a tax-exemption regulatory scheme.