Assessment Of Sumpreme Court Rulings In 1964

The year was 1964. Lyndon Johnson defeated Barry Goldwater to remain president. Cassius Clay beat Sonny Liston to attain the Heavyweight Championship. The Beatles were topping the charts with "A Hard Day's Night". But most importantly, congress passed the Civil Rights Act of 1964. This law intended intended to end discrimination based on race, color, religion, or national origin. It is generally considered the most important U.S. law on civil rights since Reconstruction. This law was so sweeping and controversial that the Supreme Court docit was to hear cases dealing with its ramifications almost immediently. The matter of this report is to analize ruling of the court in 1964, and decide if they were activist or restrainist, and if they were interpretivist or noninterpretivist. These bodies of thought deal with the ideal of judicial review, which refers to a case that deals the system of federalism and how it affects the Supreme Court's power. Judicial review was established in 1803 with the case of Marbury v. Madison. Federalism deals with the problems that arise between the states and the federal branch of government. It usually tries to decide what

The last case deals with United States v. Welden, 377 U. S. 95 (1964). In the case, the appellee argued that the indictment against him was not legal because he had previously testified before a congressional subcommittee on the matter, thus falling under the Sherman Act and Conspiracy Act. The acts stated that a person could not be prosecuted if they had testified on the subject in a judicial hearing. When he filed the motion to dismiss, the Government opposed it, contending that the immunity provision of the Act of February 25, 1903, extends only to judicial proceedings, and not to hearings before congressional committees. The District Court for the District of Massachusetts rejected the Government's contention. The Supreme Court reversed the desicion, stating that the immunity provision of the Act of February 25, 1903, applies only to persons testifying in judicial proceedings, not to persons testifying before committees or subcommittees of Congress. The Court upheld the law by stating that a testimony in a congressional subcommittee was not protected under the act, and affirmed the power of Congress.

brach has the power to rule in a given matter.

The first case is Jacobellis v. Ohio 378 U.S. 184 (1964). In the case, Nico Jacobellis, a manager at a movie theatre in Cleveland Heights, Ohio, was convicted on two counts of possessing and exhibiting a film that violated the Ohio state statute on obscenity. The Supreme Court of Ohio affirmed on the grounds that the obscenity statute was constitutional and that the evidence sustained the conviction. On appeal, the Supreme Court of the United States reversed, but the six Justices voting for reversal were unable to agree upon an opinion in support of the decision. They stated that the constitutional test for obscenity is "whether to the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to prurient interest." They said that under this test, a community standard is a national standard. They ruled that under the constitutional test, the film was not obscene. They went on to state that under the First and Fourteenth Amendments, criminal obscenity laws are constitutionally limited to hard-core pornography, and that the film in question was not as such.

The Supreme Court ruled that, according to the Constitution, the framers did not want any amendments to impose on the states protection of the freedom of speech. It is for this reason I believe the court wasruling in an interpretivist manner. They saw what was written, and added they perverbial two and two together to get the probable intentions of the framers.

The United States Supreme Court ruled that the existing common law of defamation violated the guarantee of free speech under the First Amendment of the Constitution. They added that the citizen's right to criticize government officials is of such tremendous importance in a democratic society that it can only be accommodated through the tolerance of speech which may eventually be determined to contain falsehoods. The Supreme Court, in overturning the verdict, clearly perceived the libel action as a very serious attack not only on the freedom of the press but, more particularly, on those who favoured desegregation in the southern United States. The reason that this case should be considered interpretivist is because the Supreme Court felt that the framers stressed the importance of freedom of speech, even at the exspence of certain truths. They felt that the importance of being able to criticize our elected officials was very important to the frame

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