Volume 374 — United States Reports

This is a list of the United States Supreme Court cases from volume 374 of the United States Reports:

Ker v. California, 374 U.S. 23 (1963), was a case before the United States Supreme Court, which incorporated the Fourth Amendment's protections against illegal search and seizure. The case was decided on June 10, 1963, by a vote of 5–4.

Held: to be available as a defense in a contempt of Congress, trial, an objection must have been relied upon and asserted before the congressional committee United States v. Bryan, 339 U. S. 323, 332-333 ; United States v. Fleischman, 339 U. S. 349, *136 352 ; Barenblatt v. United States, 360 U. S. 109, 123-125 ; McPhaul v. United States, 364 U. S. 372 ; Eisler v. United States, 83 U. S. App.

Held: in Feres v. United States, that a soldier could not sue under the Federal Tort Claims Act for injuries which “arise out of or are in the course of activity incident to service.” 340 U. S., at 146 .

United States v. Singer Manufacturing Co., 374 U.S. 174 (1963), was a 1963 decision of the Supreme Court, holding that the defendant Singer violated the antitrust laws by conspiring with two European competitors to exclude Japanese sewing machine competition from the US market. Singer effectuated the conspiracy by agreeing with the two European competitors to broaden US patent rights and concentrate them under Sanger's control in order to more effectively exclude the Japanese firms. A further aspect of the conspiracy was to fraudulently procure a US patent and use it as an exclusionary tool. This was the first Supreme Court decision holding that exclusionary use of a fraudulently procured patent could be an element supporting an antitrust claim.

Abington School District v. Schempp, 374 U.S. 203 (1963), was a United States Supreme Court case in which the Court decided 8–1 in favor of the respondent, Edward Schempp, on behalf of his son Ellery Schempp, and declared that school-sponsored Bible reading and the recitation of the Lord's Prayer in public schools in the United States was unconstitutional.

United States v. Philadelphia National Bank, 374 U.S. 321 (1963), also called the Philadelphia Bank case, was a 1963 decision of the United States Supreme Court that held Section 7 of the Clayton Act, as amended in 1950, applied to bank mergers. It was the first case in which the Supreme Court considered the application of antitrust laws to the commercial banking industry. In addition to holding the statute applicable to bank mergers, the Court established a presumption that mergers that covered at least 30 percent of the relevant market were presumptively unlawful.

Sherbert v. Verner, 374 U.S. 398 (1963), was a case in which the Supreme Court of the United States held that the Free Exercise Clause of the First Amendment required the government to demonstrate both a compelling interest and that the law in question was narrowly tailored before it denied unemployment compensation to someone who was fired because her job requirements substantially conflicted with her religion.

Held: in Farmers Educational & Cooperative Union v. WDAY, Inc., 360 U. S. 525 , that the Communications Act displaced the state law of defamation insofar as that law directly conflicted with the "equal time" aims of § 315. Cf. Radio Station WOW, Inc., v. Johnson, 326 U. S. 120 ; Allen B. Dumont Labs. v. Carroll, 184 F. 2d 153 .

Rosenberg v. Fleuti, 374 U.S. 449 (1963), is a United States Supreme Court case concerning the interpretation of certain provisions of the Immigration and Nationality Act of 1952 (INA). The case was decided in 1963, with Justice Arthur Goldberg writing the majority opinion. The Court held that when respondent George Fleuti, a Swiss national who had lived in the United States as a permanent resident since 1952, had briefly traveled from the United States to Mexico and then returned, he had not engaged in an "entry" within the meaning of the INA. Accordingly, the Court concluded that Fleuti was ineligible for deportation "for a condition existing at that time but not at the time of his original admission before the 1952 Act became effective", which in Fleuti's case was homosexuality.

Held: in elaboration of Galvan, that the alien must have had a 'meaningful association' with the Communist Party in order to be deportable. The evidence in the record, to which the standards set sorth in these decisions must be applied, was all elicited at hearings before the Service's special inquiry officer in 1956.