Volume 391 — United States Reports

This is a list of all the United States Supreme Court cases from volume 391 of the United States Reports:

Held: over a single dissent, that in compelling producers to refund excess amounts charged under permanent certificates later invalidated on judicial review, 50 'the Commission could properly measure the refund by the difference between the rates charged and the 'in-line' rates to which the original certificates should have been conditioned.

Levy v. Louisiana, 391 U.S. 68 (1968), is a decision of the Supreme Court of the United States. This decision deals primarily with the civil rights of illegitimate children, specifically regarding their ability to sue on a deceased parent's behalf. It held that the right of recovery may not be denied merely because a person is the illegitimate child of the deceased because such a law would violate the Equal Protection Clause of the Fourteenth Amendment.

Held: however, that the Gordons' sale of the four odd rights resulted in ordinary income to them. The Commissioner appealed the Baan case to the Court of Appeals for the Ninth Circuit, and the Gordon case to the Court of Appeals for the Second Circuit; in the latter, the Gordons cross-appealed.

from pages 99-100 intentionally omitted] Ronald Rosenberg, Washington, D.C., for American Federation of Musicians of United States and… Held: that orchestra leaders in the club-date field are employers and independent contractors. 7 Respondents argue that petitioners' involvement of the orchestra leaders in the promulgation and enforcement of the challenged regulations and bylaws creates a combination or conspiracy with a 'non-labor' group which violates the Sherman Act.

Bruton v. United States, 391 U.S. 123 (1968), is a 1968 United States Supreme Court ruling in which the Court held that a defendant was deprived of his rights under the Confrontation Clause if a confession by his codefendant was introduced in their joint trial, regardless of whether the jury received instructions only to consider it against the confessor. This has become known as the Bruton rule. The case overruled Delli Paoli v. United States (1957).

Duncan v. Louisiana, 391 U.S. 145 (1968), was a significant United States Supreme Court decision which incorporated the Sixth Amendment right to a criminal jury trial and applied it to the states.

Held: 'is not the kind of 'officer' who can be summarily tried for contempt under 18 U.S.C. § 401(2).' In another development, the First Amendment was invoked to ban punishment for a broad category of arguably contemptuous out-of-court conduct.

Held: in Bloom v. State of Illinois, 391 U.S. 194 , 88 S.Ct. 1477, 20 L.Ed.2d 522, that prosecutions for criminal contempt are within the constitutional guarantee. The Bloom and Duncan cases, however, have reaffirmed the view that the guarantee of jury trial does not extend to petty crimes.

Held: was not entitled to § 64a (2) priority because payments to such a welfare fund did not satisfy the manifest purpose of the priority, which was “to enable employees displaced by bankruptcy to secure, with some promptness, the money directly due to them in back wages, and thus to alleviate *227 in some degree the hardship that unemployment usually brings to workers and their families.” 359 U. S., at 32 . 2 The…

Held: is 'whether enough has been shown to justify its exercise.' Id., at 115, 52 S.Ct., at 462. After reviewing the evidence, the Court concluded that the danger of monopoly and of the elimination of competition which led to the initial government complaint and the decree had not been removed and that, although in some respects the decree had been effectuated, there was still a danger of unlawful restraints of trade.

from pages 253-258 intentionally omitted] William E. Kelly, New York City, for petitioner. Simon H. Rifkind, New York City, for respondent. Mr. Justice MARSHALL delivered the opinion of the Court. 1 At issue in this case is the propriety of an award of summary judgment in favor of respondent Cities Service in a treble-damage antitrust action.

Food Employees v. Logan Valley Plaza, Inc., 391 U.S. 308 (1968), was a United States Supreme Court case in which the Court held that a business in a privately owned shopping center cannot prevent labor picketing nearby with trespass laws.

United States v. O'Brien, 391 U.S. 367 (1968), is a landmark decision of the United States Supreme Court, ruling that a criminal prohibition against burning a draft card did not violate the First Amendment's guarantee of free speech. Though the court recognized that O'Brien's conduct was expressive as a protest against the Vietnam War, it considered the law justified by a significant government interest unrelated to the suppression of speech and was tailored towards that end. O'Brien upheld the government's power to prosecute what was becoming a pervasive method of anti-war protest. Its more significant legacy, however, was its application of a new constitutional standard.

Menominee Tribe of Indians v. United States, 391 U.S. 404 (1968), is a case in which the Supreme Court ruled that the Menominee Indian Tribe kept their historical hunting and fishing rights even after the federal government ceased to recognize the tribe. It was a landmark decision in Native American case law.

Green v. County School Board of New Kent County, 391 U.S. 430 (1968), was a landmark United States Supreme Court case involving school desegregation. Specifically, the Court dealt with the freedom of choice plans created to avoid compliance with the Supreme Court's mandate in Brown II in 1955. The Court held unanimously that New Kent County's freedom of choice plan did not adequately comply with the school board's responsibility to determine a system of admission to public schools on a non-racial basis. The Supreme Court mandated that the school board must formulate new plans and steps towards realistically converting to a desegregated system. Green v. County School Board of New Kent County was a follow-up of Brown v. Board of Education.

from pages 450-451 intentionally omitted] James M. Nabrit III, New York City, for petitioners. Russell Rice, Jackson, Tenn., for respondents. Mr. Justice BRENNAN delivered the opinion of the Court. 1 This case was argued with No. 695, Green v. County School Board of New Kent County, 391 U.S. 430 , 88 S.Ct. 1689, 20 L.Ed.2d 716, and No. 805, Raney v. Board of Education of Gould School District, 391 U.S. 443 , 88 S.Ct. 1697, 20 L.Ed.2d 727.

from pages 471-472 intentionally omitted] Thomas Raeburn White, Jr., Philadelphia, Pa., for petitioner. Owen B. rhoads, Philadelphia, Pa., and Richard M. Roberts, Washington, D.C., for respondents. Mr. Justice HARLAN delivered the opinion of the Court. 1 On November 16, 1962, I. J. Knight Realty Corporation filed a petition for an arrangement under Chapter XI of the Bankruptcy Act, 11 U.S.C. §§ 701—799.

Witherspoon v. Illinois, 391 U.S. 510 (1968), was a U.S. Supreme Court case where the court ruled that a state statute providing the state unlimited challenge for cause of jurors who might have any objection to the death penalty violated the constitutional right to an impartial jury.

Bumper v. North Carolina, 391 U.S. 543 (1968), was a U.S. Supreme Court case in which a search was struck down as illegal because the police falsely claimed they had a search warrant. This was tantamount to telling the subject that she had no choice but to consent. Justice Potter Stewart delivered the decision for the 7-2 majority.

Pickering v. Board of Education, 391 U.S. 563 (1968), was a case in which the Supreme Court of the United States held that in the absence of proof of the teacher knowingly or recklessly making false statements the teacher had a right to speak on issues of public importance without being dismissed from their position. The case was later distinguished by Garcetti v. Ceballos, where the Court held that statements by public employees made pursuant to their employment have no First Amendment protection. Pickering involved a Township High School teacher who was dismissed after writing a letter to a local newspaper which criticised how the Township Board of Education and the district superintendent had handled past proposals to raise new revenue for the schools.

Held: however, that the validity of such an entry of a federal officer to effect an arrest without a warrant “must be tested by criteria identical with those embodied in” that statute. Miller v. United States, 357 U. S. 301, 306 (1958); Wong Sun v. United States, 371 U. S. 471, 482-484 (1963). 3 We therefore agree with *589 the parties and with the court below that we must look to § 3109 as controlling.

Holmes v. United States, 391 U.S. 936 (1968), was a case in which the Supreme Court of the United States denied a petition for writ of certiorari to a Jehovah's Witnesses minister who asked the Court to decide whether a draft of men into the Armed Forces in times of peace is constitutionally permissible. The minister argued that, in the absence of a declaration of war, a draft was not authorized and was equivalent to involuntary servitude.