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4 Y.B. Comm. on Freedom Speech Speech Ass'n Am. 1 (1965)

handle is hein.journals/firsamtu4 and id is 1 raw text is: I. ANNUAL SURVEY OF THE LAW: THE FIRST AMENDMENT IN THE COURTS, 1964-65 The past year has been a vital one for the freedoms of expression. The United States Supreme Court was particularly active in extending these freedoms during its 1964 Term. The Justices struck down, for example, Maryland's movie censorship law, Louisiana's anti-subversive statute, Connecticut's law against out birth-control information, and the federal labor law provision that barred Communists from holding union offices. During the year, the lower federal and state courts have also considered a number of First Amendment problems, although with less uniform results. This survey begins where the 1964 survey left off, at the beginning of the Supreme Court's 1964 Term. In the manner of previous surveys, it attempts to divide the cases into rough categories for ease of reference and harmony of discussion. Obviously the categories blur many distinctions between cases and force cases concerned with several aspects of free expression into one mold, when they might with equal logic have been placed elsewhere. The survey has not tried to report every case in the field during the last year, but only those that seemed interesting or important either in terms of the legal ques- tions involved, or because of their significance for students of speech. A word about citations may be appropriate before beginning the survey. Most of the decisions cited here have already been officially reported, either in the United States reports (U.S., for Supreme Court decisions), or in the Federal Reports (F.2d for court of appeals, and F. Supp. for district court decisions); or in the regional reports which include state court decisions throughout the country (A.2d for Atlantic, N.E.2d for Northeast, etc.). A few decisions, however, have not appeared in these official reports -- either because they are too recent to permit official publication, or because they come from a court which does not regularly submit its decisions to the pub- lishers. Only in New York, for example, are state trial court decisions ever reported, and even there not all cases are printed. For these unreported decisions, one must rely on the Bureau of National Affairs' comprehensive weekly service, United States Law Week (U.S.L.Week). This publication is available in most law libraries and a few general libraries. For anyone interested in cases not reported even in the Law Week, the most complete com- pilation is undoubtedly the Civil Liberties Docket, published monthly in Berkeley, California, which is replete with information about cases throughout the civil rights-civil liberties field. A. GOVERNMENT'S POWERS OF SELF PRESERVATION: SEDITION, SUBVERSION AND THE CONTROL OF ELECTIONS 1. State Anti-Subversive Legislation. Clearly the most important development in this field was the Supreme Court's 5-2 invalidation of the major provisions of the Louisiana Subversive Activities and Communist Control Law, in Dombrowski v. Pfister, 380 U.S. 479 (1965). A group of civil rights workers and leaders of the Southern Conference Educational Fund and their attorneys

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