4 Y.B. Comm. on Freedom Speech Speech Ass'n Am. 1 (1964-1965)

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            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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