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1952 United States Supreme Court case
Beauharnais v. Illinois Full case name Beauharnais v. Illinois Citations 343 U.S. 250 (more )72 S. Ct. 725; 96 L. Ed. 919; 1952 U.S. LEXIS 2799
Prior Cert. to the S.Ct. of IL . The Supreme Court of Illinois sustained petitioner's conviction of a violation of Ill. Rev. Stat., 1949, c. 38 § 471, over his objection that the statute was invalid under the Fourteenth Amendment . 408 Ill. 512, 97 N. E. 2d 343. This Court granted certiorari. 342 U.S. 809. Affirmed, p. 267The Court upheld an Illinois law making it illegal to publish or exhibit any writing or picture portraying the "depravity, criminality, unchastity, or lack of virtue of a class of citizens of any race, color, creed or religion."
Chief Justice
Fred M. Vinson
Associate Justices
Hugo Black · Stanley F. Reed Felix Frankfurter · William O. Douglas Robert H. Jackson · Harold H. Burton Tom C. Clark · Sherman Minton
Majority Frankfurter, joined by Vinson, Burton, Clark, Minton Dissent Black, joined by Douglas Dissent Reed, joined by Douglas Dissent Douglas Dissent Jackson U.S. Const. amends. I , XIV
Wikisource has original text related to this article:
Beauharnais v. Illinois , 343 U.S. 250 (1952), was a case that came before the United States Supreme Court in 1952. The result was that an Illinois law making it illegal to publish or exhibit any writing or picture portraying the "depravity, criminality, unchastity, or lack of virtue of a class of citizens of any race, color, creed or religion" was upheld.
The defendant in Beauharnais distributed a leaflet "setting forth a petition calling on the Mayor and City Council of Chicago 'to halt the further encroachment, harassment and invasion of white people, their property, neighborhoods and persons, by the Negro.'" His criminal conviction by the trial court was sustained by the Illinois Supreme Court which the U.S. Supreme Court upheld after rejecting the Fourteenth Amendment Due Process challenge.
In his opinion Justice Frankfurter argued that the speech conducted by the defendant breached libel , which is reasoned to be outside the protection of the First and Fourteenth Amendments.
Subsequent history
Although Beauharnais has never been explicitly overturned, subsequent Supreme Court decisions such as New York Times Co. v. Sullivan adopted a more speech protective position.[1]
See also
References
^ Schwartz, Bernard. The Warren Court: A Retrospective , p.78. Oxford University Press, 1996.
External links
Text of Beauharnais v. Illinois , 343 U.S. 250 (1952) is available from: Findlaw Justia
Public displays and ceremonies Statutory religious exemptions Public funding Religion in public schools Private religious speech Internal church affairs Taxpayer standing Blue laws Other
Unprotected speech
Incitement and sedition Libel and false speechFighting words and the heckler's veto True threats Obscenity
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Campaign finance and political speech Anonymous speech State action Official retaliation Boycotts Prisons
Organizations Future Conduct Solicitation Membership restriction Primaries and elections