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1969-1970 Memorandum on Case U.S. 1 (1969-1970)

handle is hein.journals/prvwm6 and id is 1 raw text is: ASSOCIATION OF AMERICAN LAW SCHOOLS Committee on Supreme Court Decisions 1521 New Hampshire Ave.. N.W. Washington, D. C. 20036 Area Code 202. 234-0444 The Committee on Supreme Court Decisions of THE ASSOCIATION OF AMERICAN LAW SCHOOLS with the support of THE AMERICAN BAR FOUNDATION adminis- ters a program of preparing a series of memo- randa on cases pending before the United States Supreme Court. This is a memorandum prepared in that program, and is distributed to representatives of the press, radio and tele- vision for the purpose of contributing to a better public understanding of the work of the United States Supreme Court. The contents of this memorandum do not necessarily reflect the views of any person or organization connected with the program, and quotations from it should not be attributed to any of them or to the author without their specific authorization. No part of this memo- randum has any approval by the Supreme Court or any other branch or office of the Government. Docket No. 6, October Term, 1969 Docket No. 244, October Term, 1968 Illinois intimidation statute - constitutionality Analysis prepared by: Professor Frank R. Strong University of North Carolina March 24, 1969 Telephone: (919) 933-5106 REARGUMENT ORDERED JUNE 16, 1969 Memorandum on Case in the United States Supreme Court JOHN S. BOYLE V. LAWRENCE LANDRY (On Appeal from the United States District Court Northern District of Illinois, Eastern Division) Decision below: 280 F. Supp. 938 I. Principal Issues. Two issues are raised by this direct appeal from the decision of a three- judge federal district court invalidating a section of the Illinois Intimidation Statute and enjoining Illinois officials from enforcement or prosecution with re- spect thereto. One issue is substantive: whether Chapter 38, Section 12-6(a)(3) of the Illinois Revised Statutes violates the free speech guarantees of the Federal Constitution. That Section forbids a person to communicate to another a threat to commit a criminal offense with intent to cause that other person to perform or not to perform any act. The other issue is jurisdictional in nature: whether the specific facts in this case bring it within the exception to the general rule that federal courts will not intervene to enjoin criminal proceedings in state courts but will leave state criminal defendants to assert their constitutional claims in those courts, with the possibility of Supreme Court review of the ultimate determination of the state courts. AALS No. 1, October Term, 1969 AALS No. 89, October Term, 1968

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