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Today in Supreme Court History: June 22

Jacobellis v. Ohio, 378 U.S. 184 (decided June 22, 1964): The obscenity case wherein Potter Stewart says, “I know it when I see it.”  He is referring to “hard-core pornography”.  But at issue here is a 1958 French film called “Les Amants” (“The Lovers”).  (It’s on youtube at www. youtube.com/ watch?v=_WMb1V4bhA8.  There’s no nudity or sex, though at 49:08 we see the lovers waking up in bed.  Maybe the supposed obscenity is in the dialog -- I don’t speak French.  The film seems mostly set in Algeria; see it just for the cinematography, which is beautiful.)  Anyway, the Court (including Stewart) holds it to be not obscene.


R.A.V. v. City of St. Paul, 505 U.S. 377 (decided June 22, 1992): ordinance that prohibits display of a symbol that “arouses anger, alarm etc. on the basis of race, color, creed, religion or gender” is facially overbroad and in violation of First Amendment freedom of expression (defendant had burned a cross on the lawn of the black family across the street) (I sure hope they got him on some other charge) (he was the only neighbor not invited to their daughter’s graduation party and one can guess why)


Olmsted v. L.C., 527 U.S. 581 (decided June 22, 1999): Americans with Disabilities Act outlaws “segregation” of disabled people and is violated when “mentally retarded” and schizophrenic women are kept in institutions when they could be placed in community based programs


Arizona v. Navajo Nation, 599 U.S. 555 (decided June 22, 2023): Treaty allowing Navajo use of water on reservation did not create duty to protect it (by affirmatively assessing water needs and building pumps, wells, etc.); 5 - 4 decision and one sees from how Kavanaugh starts his opinion how he frames the Navajo (and Mexico) as losers in a fair fight and the United States as a magnanimous winner:  “The United States won the Mexican-American War and acquired vast new territory from Mexico . . . For the next two decades, however, the United States and the Navajos periodically waged war against one another.  In 1868, the United States and the Navajos agreed to a peace treaty.  In exchange for the Navajos’ promise not to engage in further war, the United States established a large reservation for the Navajos in their original homeland.”  No mention of one-sided invasion or genocide.  Gorsuch, who grew up in Colorado and is sympathetic to Native Americans, writes dissent.


Carpenter v. United States, 585 U.S. 296 (decided June 22, 2018): warrant needed for cell phone records over a period of six days which revealed defendant’s whereabouts (including being at place and time of robbery); without saying so, Court holds that 18 U.S.C. §2703(d), which allowed court to sign subpoena for telecommunications records “relevant and material to an ongoing criminal investigation”, violates Fourth Amendment requirement of warrant based on probable cause


City of Los Angeles v. Patel, 576 U.S. 409 (decided June 22, 2015): City code requiring hotel operators to keep records of all guests and provide them to police on demand (the purpose was to detect and punish sex trafficking of children and smuggling of migrants) violates Fourth Amendment


Bell v. Maryland, 378 U.S. 226 (decided June 22, 1964): twelve black students were convicted of refusing to leave whites-only restaurant but then the law changed (so as to outlaw segregated restaurants) -- but -- Maryland had a general “savings” statute that preserved liability after any change in law; Court remands back to Maryland’s highest court, the Court of Appeals of Maryland (which held that it was bound by the savings statute, 236 Md. 356, even though the prosecution joined with defendants in urging vacatur!)


Escobedo v. Illinois, 378 U.S. 478 (decided June 22, 1964): a pre-Miranda case excluding statements by an arrestee whose request to see his attorney was repeatedly refused and who was not advised of his right to remain silent


Jones v. Jones, 234 U.S. 615 (decided June 22, 1914): upholding Tennessee law that married slaves could pass their property to children but not other descendants, a rule which did not apply to other married couples (WTF!) (estate passed to widow of the decedent and not to his siblings as would have happened in this case with a white couple) (WTF!)


Michigan v. Summers, 452 U.S. 692 (decided June 22, 1981): police searching a house with a warrant have the right to detain anyone in the house in aid of the search (here, they found narcotics and arrested the guy they had ordered not to leave)


Rock v. Arkansas, 483 U.S. 44 (decided June 22, 1987): strikes down Arkansas rule prohibiting hypnotically refreshed testimony (here, murder defendant testifying that her gun in fact went off by mistake)

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