- Subject index
Acclaimed by researchers, students, and general readers, this informative, lively, and easy-to-use volume fills the public need for information about key recent and historical cases before the U.S. Supreme Court. Now significantly updated, this new edition includes all the new major cases-over twenty five in total-handed down by the Court since the first edition was published in 2000. The new entries include many high-profile cases that have stirred public controversy, including: Boy Scouts of America v. Dale (2000), granting the right to exclude homosexuals from leadership positions in the Boy Scouts; Bush v. Gore (2000), ceasing ballot recounts in the 2000 presidential election; PGA Tour v. Martin (2001), obliging the PGA to accommodate a disabled golfer; Lawrence v. Texas (2003), stating that a law criminalizing same-sex sodomy violates due process; Gratz/Grutter v. Bollinger (2003), stating that an affirmative action program to achieve diversity in universities may or may not violate the equal protection clause, depending on how it's implemented. In each of the over 100 cases summarized, author Tony Mauro succinctly describes the decision, provides background and facts of the case, the vote and highlights of the decision with verbatim excerpts, and, in conclusion, discusses the long-term impact of the decision on United States citizens and U.S. society. Topic search aids let readers easily trace the evolution and impact of rulings in particular issue areas. Added features also enhance the volume, including many new portraits, political cartoons, and drawings, a comprehensive bibliography and an easy-to-access case/subject index. A perfect starting point for research on Supreme Court decisions, this newly updated volume is an essential addition to every public, high school, and college library.
Brandenburg v. Ohio
Decided June 9, 1969
395 U.S. 444
State laws that make it a crime merely to advocate the use of violence violate the First Amendment. Only when the advocacy is aimed at inciting “imminent lawless action,” and is likely to succeed, may government prohibit it.
Following the assassination of President William McKinley in 1901 by an anarchist and the start of the communist movement in 1917, states began passing antisedition laws and so called “criminal syndicalism” statutes. These laws, passed in thirty-three states, prohibited teaching or advocating the use of violence or crime to bring about political or economic change. The motivation behind the syndicalism laws in most cases was to discourage the spread of socialist or communist anticapitalist views.
In a line of cases ...