Volume 408 — United States Reports

This is a list of all the United States Supreme Court cases from volume 408 of the United States Reports:

443 F.2d 837, reversed and remanded; No. 71—263, 450 F.2d 199 and 450 F.2d 231, affirmed. Michael E. Tigar, San Francisco, Cal., for petitioners David Gelbard and Sidney Parnas. Daniel M. Friedman, Washington, D.C., for the United States. Jack J. Levine, Philadelphia, Pa., for Joguez Egan and Anne Elizabeth Walsh, pro hac viceBy special leave of Court. Mr.

Police Department of Chicago v. Mosley, 408 U.S. 92 (1972), was a United States Supreme Court case which concerned freedom of speech under the First Amendment. Oral argument for this case was consolidated with Grayned v. City of Rockford, but separate opinions were issued for each. Earl Mosley had protested employment discrimination by carrying a sign on the sidewalk in front of a Chicago high school, until the city of Chicago made it illegal to do so. Although Chicago believed that its ordinance was a time, place, or manner restriction, and therefore was a constitutional law, the Supreme Court ruled that it was a content-based restriction, because it treated labor-related protests differently from other protests.

Held: in part, that the ordinance was impermissibly vague because enforcement depended on the completely subjective standard of “annoyance.” In contrast, Rockford’s antinoise ordinance does not permit punishment for the expression of an unpopular point of view, and it contains no broad invitation to subjective or discriminatory enforcement.

Decedent transferred to an irrevocable trust for the benefit of his children (and if they died before the trust ended, their surviving children) stock in three unlisted corporations that he… Held: Decedent did not retain the 'right,' within the meaning of § 2036(a)(2), to designate who was to enjoy the trust income. Pp. 131—144. (a) A settlor's retention of broad management powers did not necessarily subject an inter vivos trust to the federal estate tax. Pp. 131—135.

Healy v. James, 408 U.S. 169 (1972), was a United States Supreme Court case in which the Court held that Central Connecticut State College's refusal to recognize a campus chapter of Students for a Democratic Society was unconstitutional. The denial of official recognition was found to violate the First Amendment.

New York State sentenced respondent as a second offender, based on his 1964 felony conviction in Tennessee. Held: New York State's resentencing of respondent did not moot the instant case since the respondent's appeal involving the validity of the Texas conviction is still in the New York state courts, and therefore New York State has a present interest in the availability of the Tennessee conviction as a predicate for the stiffer punishment.

Kois v. Wisconsin, 408 U.S. 229 (1972), was a ruling by the U.S. Supreme Court in the case of the obscenity conviction of Milwaukee editor-publisher John Kois, whose underground newspaper Kaleidoscope had published two small photographs of pictures of nudes and a sexually oriented poem entitled "Sex Poem" in 1968. The Supreme Court ruled that, in the context in which they appeared, the photographs were rationally related to a news article which they illustrated and were thus entitled to Fourteenth Amendment protection, and that the poem "bears some of the earmarks of an attempt at serious art" (whether successful or not), and thus was not obscene under the Roth v. United States test ("whether or not the 'dominant' theme of the material appeals to prurient interest").

Furman v. Georgia, 408 U.S. 238 (1972), was a landmark criminal case in which the United States Supreme Court decided that arbitrary and inconsistent imposition of the death penalty violates the Eighth and Fourteenth Amendments, and constitutes cruel and unusual punishment. It was a per curiam decision. Five justices each wrote separately in support of the decision. Although the justices did not rule that the death penalty was unconstitutional, the Furman decision invalidated the death sentences of nearly 700 people. The decision mandated a degree of consistency in the application of the death penalty. This case resulted in a de facto moratorium of capital punishment throughout the United States.

Morrissey v. Brewer, 408 U.S. 471 (1972), was a United States Supreme Court case in which the court held that people facing parole revocation have due process rights under the Fourteenth Amendment. The decision requires that the states provide for a hearing before a "neutral and detached" hearing body, such as a parole board, to determine the factual basis for parole violations. This hearing is colloquially known as a "Morrissey hearing."

Appellee, a former United States Senator, was charged with the solicitation and acceptance of bribes in violation of 18 U.S.C. §§ 201(c)(1) and 201(g). Held: This Court has jurisdiction under 18 U.S.C. § 3731 (1964 ed., Supp. V) to hear the appeal, since the District Court's order was based upon its determination of the constitutional invalidity of 18 U.S.C. §§ 201(c)(1) and 201(g) on the facts as alleged in the indictment. Pp. 504—507. 2.

Board of Regents of State Colleges v. Roth, 408 U.S. 564 (1972), was a case decided by the United States Supreme Court concerning alleged discrimination against a nontenured teacher at Wisconsin State University-Oshkosh.

Perry v. Sindermann, 408 U.S. 593 (1972), was a United States Supreme Court decision affecting educational case law involving tenure and due process.

Gravel v. United States, 408 U.S. 606 (1972), was a case regarding the protections offered by the Speech or Debate Clause of the United States Constitution. In the case, the Supreme Court of the United States held that the privileges and immunities of the Constitution's Speech or Debate Clause enjoyed by members of Congress also extend to Congressional aides, but not to activity outside the legislative process.

Branzburg v. Hayes, 408 U.S. 665 (1972), is a landmark decision of the US Supreme Court invalidating the use of the First Amendment as a defense for reporters summoned to testify before a grand jury. The case was argued February 23, 1972, and decided June 29 of the same year. The reporters lost their case by a vote of 5–4. This case is cited for the rule that in federal courts, a reporter may not generally avoid testifying in a criminal grand jury, and is one of a limited number of cases in which the U.S. Supreme Court has considered the use of reporters' privilege.

Kleindienst v. Mandel, 408 U.S. 753 (1972), was a decision by the United States Supreme Court, which held that the United States Attorney General has the right to refuse somebody's entry to the United States, as he has been empowered to do so in § 212(a)(28) of the Immigration and Nationality Act of 1952.

Moore, who was convicted of murder and sentenced to death for the shotgun slaying of a bartender at a Lansing, Illinois, tavern, claimed that he was denied a fair trial and due process because… Held: The evidentiary items (other than the diagram) on which Moore bases his suppression claim relate to Sanders' misidentification of Moore as 'Slick' and not to the identification, by Sanders and others, of Moore as the person who made incriminating statements in the Ponderosa Tap.

The Spokane, Portland & Seattle Railway Co. Held: On the record in this case (which is ambiguous with regard to many factual and procedural issues) it has not been shown that the ICC's order authorizing UP and Burlington Northern alone to acquire Peninsula met the 'public interest' standard of § 5(2). Pp. 834—842.