Berger v. United States | |
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Argued December 9, 1920 Decided January 31, 1921 | |
Full case name | Berger v. United States |
Citations | 255 U.S. 22 ( more ) |
Court membership | |
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Case opinions | |
Majority | McKenna, joined by White, Holmes, Devanter, Brandeis, Clarke |
Dissent | Day, joined by Pitney |
Dissent | McReynolds |
Laws applied | |
Berger v. United States, 255 U.S. 22 (1921), is a United States Supreme Court decision overruling a trial court decision by U.S. District Court Judge Kenesaw Mountain Landis against Rep. Victor L. Berger, a Congressman for Wisconsin's 5th district and the founder of the Social Democratic Party of America, and several other German-American defendants who were convicted of violating the Espionage Act by publicizing anti-interventionist views during World War I.
The case was argued on December 9, 1920, and decided on January 31, 1921, with an opinion by Justice Joseph McKenna and dissents by Justices William R. Day, James Clark McReynolds, and Mahlon Pitney. [1] The Supreme Court held that Judge Landis was properly disqualified as trial judge based on an affidavit filed by the German defendants asserting that Judge Landis' public anti-German statements should disqualify him from presiding over the trial of the defendants. [2] The Berger test states that to disqualify a judge:
1) a party files an affidavit claiming personal bias or prejudice demonstrating an "objectionable inclination or disposition of the judge" and 2) claim of bias is based on facts antedating the trial. [2]
The House of Representatives twice denied Berger his seat in the House due to his original conviction for espionage using Section 3 of the Fourteenth Amendment to the United States Constitution regarding denying office to those who supported "insurrection or rebellion". [3] The Supreme Court overturned the verdict in 1921 in Berger v. U.S., and Berger won three successive terms in the House in the 1920s. [4]
Dennis v. United States, 341 U.S. 494 (1951), was a United States Supreme Court case relating to Eugene Dennis, General Secretary of the Communist Party USA. The Court ruled that Dennis did not have the right under the First Amendment to the United States Constitution to exercise free speech, publication and assembly, if the exercise involved the creation of a plot to overthrow the government. In 1969, Dennis was de facto overruled by Brandenburg v. Ohio.
The Espionage Act of 1917 is a United States federal law enacted on June 15, 1917, shortly after the United States entered World War I. It has been amended numerous times over the years. It was originally found in Title 50 of the U.S. Code but is now found under Title 18. Specifically, it is 18 U.S.C. ch. 37
Victor Luitpold Berger was an Austrian–American socialist politician and journalist who was a founding member of the Social Democratic Party of America and its successor, the Socialist Party of America. Born in the Austrian Empire and present-day Romania, Berger immigrated to the United States as a young man and became an important and influential socialist journalist in Wisconsin. He helped establish the so-called Sewer Socialist movement. Also a politician, in 1910, he was elected as the first Socialist to the U.S. House of Representatives, representing a district in Milwaukee, Wisconsin.
Batson v. Kentucky, 476 U.S. 79 (1986), was a landmark decision of the United States Supreme Court ruling that a prosecutor's use of a peremptory challenge in a criminal case—the dismissal of jurors without stating a valid cause for doing so—may not be used to exclude jurors based solely on their race. The Court ruled that this practice violated the Equal Protection Clause of the Fourteenth Amendment. The case gave rise to the term Batson challenge, an objection to a peremptory challenge based on the standard established by the Supreme Court's decision in this case. Subsequent jurisprudence has resulted in the extension of Batson to civil cases and cases where jurors are excluded on the basis of sex.
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Moore et al. v. Dempsey, 261 U.S. 86 (1923), was a United States Supreme Court case in which the Court ruled 6–2 that the defendants' mob-dominated trials deprived them of due process guaranteed by the Due Process Clause of the Fourteenth Amendment. It reversed the district court's decision declining the petitioners' writ of habeas corpus. This case was a precedent for the Supreme Court's review of state criminal trials in terms of their compliance with the Bill of Rights.
Betts v. Brady, 316 U.S. 455 (1942), was a landmark United States Supreme Court case that denied counsel to indigent defendants prosecuted by a state. The reinforcement that such a case is not to be reckoned as denial of fundamental due process was famously overruled by Gideon v. Wainwright.
Judicial disqualification, also referred to as recusal, is the act of abstaining from participation in an official action such as a legal proceeding due to a conflict of interest of the presiding court official or administrative officer. Applicable statutes or canons of ethics may provide standards for recusal in a given proceeding or matter. Providing that the judge or presiding officer must be free from disabling conflicts of interest makes the fairness of the proceedings less likely to be questioned.
Jencks v. United States, 353 U.S. 657 (1957), is a decision of the U.S. Supreme Court in which the court held that the federal government must produce documents relied upon by government witnesses in federal criminal proceedings.
United States v. Glaxo Group Ltd., 410 U.S. 52 (1973), is a 1973 decision of the United States Supreme Court in which the Court held that (1) when a patent is directly involved in an antitrust violation, the Government may challenge the validity of the patent; and (2) ordinarily, in patent-antitrust cases, "[m]andatory selling on specified terms and compulsory patent licensing at reasonable charges are recognized antitrust remedies."
William F. Kruse (1894–1979) was an important head of the Young People's Socialist League (YPSL) in the 1910s. He was a member of the Socialist Party of America until 1921, acting as a leader of the party's Left Wing faction, loyal to the Third International (Comintern). Thereafter he joined the Workers Party of America, serving as assistant executive secretary of the WPA from the time of its foundation in December 1921.
Both houses of the United States Congress have refused to seat new members based on Article I, Section 5 of the United States Constitution which states that:
"Each House shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties as each House may provide."
Melendez-Diaz v. Massachusetts, 557 U.S. 305 (2009), is a United States Supreme Court case in which the Court held that it was a violation of the Sixth Amendment right of confrontation for a prosecutor to submit a chemical drug test report without the testimony of the person who performed the test. While the court ruled that the then-common practice of submitting these reports without testimony was unconstitutional, it also held that so called "notice-and-demand" statutes are constitutional. A state would not violate the Constitution through a "notice-and-demand" statute by both putting the defendant on notice that the prosecution would submit a chemical drug test report without the testimony of the scientist and also giving the defendant sufficient time to raise an objection.
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Baker v. Wade 563 F.Supp 1121, rev'd 769 F.2nd 289 cert denied 478 US 1022 (1986) is a federal lawsuit challenging the legality of the sodomy law of the state of Texas. Plaintiff Donald Baker contended that the law violated his rights to privacy and equal protection. After a victory at trial, an appellate court reversed the lower court's decision and in the wake of its decision in Bowers v. Hardwick the Supreme Court of the United States refused to review it.
The Smith Act trials of Communist Party leaders took place in New York City from 1949 to 1958. These trials were a series of prosecutions carried out by the US federal government during the postwar period and the Cold War era, which was characterized by tensions between the United States and the Soviet Union. The leaders of the Communist Party of the United States (CPUSA) faced accusations of violating the Smith Act, a statute that made it illegal to advocate for the violent overthrow of the government. In their defense, the defendants claimed that they advocated for a peaceful transition to socialism and that their membership in a political party was protected by the First Amendment's guarantees of freedom of speech and association. The issues raised in these trials were eventually addressed by the US Supreme Court in its rulings Dennis v. United States (1951) and Yates v. United States (1957).
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