Volume 395 — United States Reports

This is a list of all the United States Supreme Court cases from volume 395 of the United States Reports:

Leary v. United States, 395 U.S. 6 (1969), is a U.S. Supreme Court case dealing with the constitutionality of the Marihuana Tax Act of 1937. Timothy Leary, a professor and activist, was arrested for the possession of marijuana in violation of the Marihuana Tax Act. Leary challenged the act on the ground that the act required self-incrimination, which violated the Fifth Amendment. The unanimous opinion of the court was penned by Justice John Marshall Harlan II and declared the Marihuana Tax Act unconstitutional. Thus, Leary's conviction was overturned. Congress responded shortly thereafter by replacing the Marihuana Tax Act with the newly written Controlled Substances Act while continuing the prohibition of certain drugs in the United States.

Held: and thus those in which the crewman's vessel may long since have departed. 18 39 Strong policies support the conclusion that a properly commenced § 252(b) proceeding does not automatically abort upon the departure of the crewman's vessel.

from pages 100-103 intentionally omitted] Thomas C. McConnell, Chicago, Ill., for petitioner.

Held: requires the "exercise of a broad discretion" and "an exceptional degree of flexibility." Burns v. United States, 287 U. S. 216, 220 (1932). In exercising that broad discretion, of course, a sentencing judge can utilize probation in all but capital or life sentence cases.

United States v. Montgomery Country Board of Education, 395 U.S. 225 (1969), was a case heard before the United States Supreme Court concerning the integration of public schools in Montgomery County, Alabama.

Boykin v. Alabama, 395 U.S. 238 (1969), is a United States Supreme Court case in which the Court determined that when a defendant enters into a plea bargain, they waive their Sixth Amendment right to a trial by jury. A defendant may not waive this Constitutional right unless he does so knowingly, voluntarily and intelligently. The defendant was an African-American charged with robbery, which carried a death sentence in Alabama at the time. He pled guilty.

Held: with respect to the general article, that: 45 'The crimes referred to in that article manifestly embrace those not capital, committed by officers or soldiers of the Army in violation of public law as enforced by the civil power.

from pages 298-300 intentionally omitted] Conrad K. Harper, New York City, for petitioners, pro hac vice, by special leave of Court. Jerris Leonard, Milwaukee, Wis., for the United States, as amicus curiae, by special leave of Court. James W. Gallman, Fayetteville, Ark., as amicus curiae, at the invitation of the Court, in support of the judgment below. Mr.

Red Lion Broadcasting Co. v. Federal Communications Commission, 395 U.S. 367 (1969), was a seminal First Amendment ruling at the United States Supreme Court. The Supreme Court held that radio broadcasters enjoyed free speech rights under the First Amendment, but those rights could be partially restricted by the Federal Communications Commission (FCC) to maintain the public interest in equitable use of scarce broadcasting frequencies. As a result, the FCC's Fairness Doctrine was found to be constitutional.

Held: Martone v. Morgan, supra, that the Commission does not adjudicate in the sense that a court does, nor does the Commission conduct, strictly speaking, a criminal proceeding. Nevertheless, the Act, when analyzed in light of the allegations of the complaint, makes it clear that the Commission exercises a function very much akin to making an official adjudication of criminal culpability.

Brandenburg v. Ohio, 395 U.S. 444 (1969), is a landmark decision of the United States Supreme Court interpreting the First Amendment to the U.S. Constitution. The Court held that the government cannot punish inflammatory speech unless that speech is "directed to inciting or producing imminent lawless action and is likely to incite or produce such action". Specifically, the Court struck down Ohio's criminal syndicalism statute, because that statute broadly prohibited the mere advocacy of violence. In the process, Whitney v. California (1927) was explicitly overruled, and Schenck v. United States (1919), Abrams v. United States (1919), Gitlow v. New York (1925), and Dennis v. United States (1951) were overturned.

from pages 464-465 intentionally omitted] Vernon B. Romney, Salt Lake City, Utah, for appellant. Leon Payne, Houston, Tex., for appellee, El Paso Natural Gas Co. Richard B. Hooper, Seattle, Wash., for appellees, Cascade Natural Gas Corp., et al. John F. Sonnett, New York City, for appellee, Colorado Interstate Corp. Iver E. Skjeie for appellee, State of California. Sol. Gen. Irwin N. Griswold for appellee, The United States, at the invitation of Court.

Powell v. McCormack, 395 U.S. 486 (1969), is a United States Supreme Court case that held that the Qualifications of Members Clause of Article I of the US Constitution is an exclusive list of qualifications of members of the House of Representatives, which may exclude a duly elected member for only those reasons enumerated in that clause.

NLRB v. Gissel Packing Co., Inc., 395 U.S. 575 (1969) was a unanimous United States Supreme Court case clarifying the application of the National Labor Relations Act after the Taft-Hartley Amendments, particularly the application of union authorization cards.

Kramer v. Union Free School District No. 15, 395 U.S. 621 (1969), was a United States Supreme Court decision in which the Court struck down a longstanding New York State statute requiring that to be eligible to vote in certain school district elections, an individual must either own or rent taxable real property within the school district, be the spouse of a property owner or lessor, or be the parent or guardian of a child attending a public school in the district. By a 5-to-3 vote, the court held that these voting requirements violated the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.

Held: however, that any harm suffered by Perkins from impaired competition with Regal stations was beyond the scope of the Robinson-Patman Act because Regal was too far removed from Standard in the chain of distribution.

Lear, Inc. v. Adkins, 395 U.S. 653 (1969), is a decision of the U.S. Supreme Court overturning the doctrine of licensee estoppel and holding that public interest considerations require that licensees be free to challenge the validity of possibly spurious patents under which they are licensed. This entailed the overruling of Automatic Radio Mfg. Co. v. Hazeltine Research, Inc. and prior cases that it had reaffirmed.

North Carolina v. Pearce, 395 U.S. 711 (1969), is a United States Supreme Court case that forbids judicial “vindictiveness” from playing a role in the increased sentence a defendant receives after a new trial. In sum, due process requires that a defendant be “free of apprehension” of judicial vindictiveness. Time served for a new conviction of the same offense must be “fully credited,” and a trial judge seeking to impose a greater sentence on retrial must affirmatively state the reasons for imposing such a sentence. The companion case, Simpson v. Rice, was identical except that the defendant initially pleaded guilty and received only one trial after withdrawing that plea. Simpson was later overruled in Alabama v. Smith.

Chimel v. California, 395 U.S. 752 (1969), was a 1969 United States Supreme Court case in which the court held that police officers arresting a person at his home could not search the entire home without a search warrant, but that police may search the area within immediate reach of the person without a warrant. The rule on searches incident to a lawful arrest within the home is now known as the Chimel rule.

Benton v. Maryland, 395 U.S. 784 (1969), is a Supreme Court of the United States decision concerning double jeopardy. Benton ruled that the Double Jeopardy Clause of the Fifth Amendment applies to the states. In doing so, Benton expressly overruled Palko v. Connecticut.