Today in Supreme Court History, June 4

Masterpiece Cakeshop v. Colorado Civil Rights Commission,584 U.S. --- (decided June 4, 2018): First Amendment protected cakeshop owner’s refusal on religious grounds to create a same-sex wedding cake Meyer v. Nebraska, 262 U.S. 390 (decided June 4, 1923): struck down on due process grounds state law prohibiting teaching of foreign languages to children before eighth grade (10-year-old child was taught German at a Lutheran religious school) (in those days most older Lutherans were German speakers; they were prosecuted for passing on their native language) Peel v. Attorney Disciplinary Comm’n of Florida, 496 U.S. 91 (decided June 4, 1990): lawyer was not misleading clients with letterhead identifying him as certified in trial advocacy by the NBTA (National Board of Trial Advocacy) despite impression some might get that NBTA was a governmental entity; censure vacated Uttecht v. Brown, 551 U.S. 1 (decided June 4, 2007): trial judge has first hand knowledge of juror’s demeanor and should be deferred to as to whether he can be excluded based on suspicion that he would refuse to follow the law in reaching a verdict (here, whether he could apply the death penalty) Madera Sugar Pine Co. v. Industrial Accident Comm’n, 262 U.S. 499 (decided June 4, 1923): rejected employer’s claim that paying worker’s compensation death benefits to family of resident alien residing in Mexico denied it Equal Protection Reichle v. Howards, 566 U.S. 658 (decided June 4, 2012): Secret Service agents who arrested plaintiff for harassment (he criticized Vice President Cheney to his face about Iraq and touched his shoulder as he left) enjoyed qualified immunity; can’t say it was contrary to law to arrest for probable cause in retaliation for exercising First Amendment rights English v. General Electric Co., 496 U.S. 72 (decided June 4, 1990): 42 U.S.C. §5851(g) (making it unlawful to terminate nuclear industry employees in retaliation for making safety complaints) does not preempt state law claim for intentional infliction of emotional distress (harassed due to making noise about failure to properly decontaminate work areas) Olmstead v. United States, 277 U.S. 438 (decided June 4, 1928): wiretapping a telephone was not a “search” under the Fourth Amendment (overruled by Katz v. United States, 1967) Walling v. Harnischfeger Corp., 325 U.S. 427 (decided June 4, 1945): incentive pay structure for piecework (electrical components) had effect of evading Fair Labor Standards Act §7(a) which requires overtime to be 50% of regular rate Dennis v. United States, 341 U.S. 494 (decided June 4, 1951): Smith Act (forbidding attempt to overthrow government through violence) does not violate First Amendment because it is restricted to speech advocating plan of violence; affirmed convictions of Communist Party-USA founders