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Supreme Court — Part 19
Page 59
59 / 107
ig
enders of civit libef
Ui n the WN:
{ 9 overrule the his
@fénal guarantees. very taxes
pow before us are better adapted
‘to that end than were the stamp
faxes which so successfully cur- oRed anebicaa
tailed the dissemination of !dees4 fsons other than membere of the
by Eighteenth Century newspapers? @f ian DELS ‘
and pamphieteers, and which were eases
m moving cause of the American
Revolution.” “recto
‘he license taxes were apheld ®
by a & to 4 decision, with Justice:
Byrnes voting with the Thajority,
Jzo that his resignation leaves the
agcourt equally divided on this mo-
Hmentous issue. Whether the pe-
tition for @ rehearing will be
*\ granted may be announced by the
court next Monday. The Amer!-
5jean Newspaper Publishers’ As-'
“leeciation and the American Civil.
«\Liperttes Union have filed Imter-
“lvening petitions as friends of the
“i court. : —
é t
* Might Changs Mind -
Conceivably one of the Justices,
who voted with the majority!
might change his mind and admit,
that the case was wrongly de-|
cided. This ia precisely what
_ | dustices Frank Murphy, Hugo L.:
m Black, and William ©. Douglas
#idid in « dissenting opinion when
; the case was decided on June.
ii They reversed the position they |
“ltook jn wm similar case, involving
_lthe same religiqus cult, two years
‘Mago, because of apprehensions #8
“i rig and views © norities.
“Ohief Justice Btone was the JCourt, delivered by Justice Reed,'
jone dissenter two years ago, when implied that there are moral as!
jthe majority opinion was de: well as military limits to freedom)
f
‘ and unctioning, I
€ at only Congress may sus-
pend ine . wut at habeas carp US,
én only in case
or or nection. ' of fnvasicn
Constitution of the United |;
States 1s a law for rulers and pee|
Ble, equaliy in war and peace, and |Fis
covers with the shield of its pro
tection all classes of men,. at a}!
times. ond ender all cireum-!
Milligan case. : = me
emiment is not confined ta safe-
arding freedom of apeech and
eedom of religion against dis
minatory attempta to wine them
t, On the contrary, the Constitu-
... has put those freedoms
_ smends are not restricted. to, canes
Seek Rehearing - , where the protected privilege is
; Jehovah's Witnesses are seek- ten nt out fer every ome a tex:
mg a rehearing of three cases, |latigh which, because it is a di-
considered simuitaneousiy, tr bet the exercise of the ‘drlvi-
which the court upheld license | [!ese{\ is capable of being to
ordinances in Opelika, Ala.: Fort eonHol or suppress tet
Smith, Ark. and Casx Grande, _
Arig, Each ordinance forbids the lx
selling of books, pamphlets, tracts }
and other articles without « li!
cense, for which taxes ranging
from $10 a year in Alabame to $25.
a month in Arkansas are levied.
The majority opinion of the!
2
: > Loft expression, “T |
Iivered by Justice Felix Frank-, |9. o proscribe the
furter. To win ® majority of the: dissemination of doctrines or ar-
eich the Chief Justice muat con-. jementa which do not transgress
4 ‘ .{militgry nor moral limits is to
‘vert either the new Justice to be ¢ dest h
Lappointed by President Roosevelt, etToey principe 1 bases of de-
Tor one of the following: Owen J.| gion,” The coeaeege and discus-
Roberts, Stanley F. Reed, Robert , _——— _
H. Jackson and Frankfurter.
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