Amanda Stasinski
POLS 101
Dominick
December 21st, 2014
The Brilliance of Brandeis
Louis D. Brandeis - Supreme Court Justice 1916 - 1939
There is a special place for those in our society who choose to act against the law: the courthouse. There are several different types of courts, each specializing in an area of offense. Some courts are ranked higher than others. For example, if the defendant is not satisfied with the verdict of the district court, it can be appealed to the appellate court. If one wishes to continue appealing to higher courts they may find their case in the hands of the United States Supreme Court, the highest ranking court in the country. The Supreme Court is made up of nine individuals, referred to as justices, …show more content…
Utah case which dealt with captive audience and free speech. The advertising company Packer Corporation was prosecuted after presenting a poster promoting the sale of Chesterfield cigarettes on a billboard in Salt Lake City. Even though Parker Corporation was authorized to do business in Utah, the defendant claimed that since both the poster and product were made outside the state of Utah it violated several provisions of the Federal Constitution. In a unanimous decision by the court, the objections were overruled and the defendant was convicted and sentenced. In his opinion, Brandeis distinguished difference between display advertising and those in periodical newspapers. He claimed that billboards, street signs and placards were “wholly intrastate” and seen “constantly before the eyes of observers on the streets and in street cars to be seen without the exercise of choice or volition on their part.” He then claimed that other forms of advertising such as newsletters and radio commercials were seen or heard by choice. A newspaper article can be skipped, and a radio can be turned off to continue further listening; however, a billboard can not be thrown away or turned off by the viewer. Brandeis wrote, “These distinctions clearly place this kind of advertisement in a position to be classified so that regulations or prohibitions may be imposed upon all within the class. This is impossible with respect to newspapers or …show more content…
United State case of 1935 was another New Deal case. This case concerned section 3 of the National Industrial Recovery Act (NIRA), which give the president the authority to implement industrial codes to keep track of weekly employment hours, wages and minimum ages of employees, and if Congress had unconstitutionally delegated legislative power to the president. The decision unanimously landed in favor of Schechter Poultry Corporation. Brandeis felt strongly about this particular case. He reportedly told Roosevelt’s aides, “This is the end of this business of centralization, and I want you to go back and tell the president that we’re not going to let this government centralize everything.” (oyez.org) Brandeis also opposed Roosevelt’s proposition of adding one additional judge to the Supreme Court for every member who had reached the age of seventy and had not retired. This was known as the court-packing scheme, and it would grant the President more power since he had the authority of appointing individuals to the
POLS 101
Dominick
December 21st, 2014
The Brilliance of Brandeis
Louis D. Brandeis - Supreme Court Justice 1916 - 1939
There is a special place for those in our society who choose to act against the law: the courthouse. There are several different types of courts, each specializing in an area of offense. Some courts are ranked higher than others. For example, if the defendant is not satisfied with the verdict of the district court, it can be appealed to the appellate court. If one wishes to continue appealing to higher courts they may find their case in the hands of the United States Supreme Court, the highest ranking court in the country. The Supreme Court is made up of nine individuals, referred to as justices, …show more content…
Utah case which dealt with captive audience and free speech. The advertising company Packer Corporation was prosecuted after presenting a poster promoting the sale of Chesterfield cigarettes on a billboard in Salt Lake City. Even though Parker Corporation was authorized to do business in Utah, the defendant claimed that since both the poster and product were made outside the state of Utah it violated several provisions of the Federal Constitution. In a unanimous decision by the court, the objections were overruled and the defendant was convicted and sentenced. In his opinion, Brandeis distinguished difference between display advertising and those in periodical newspapers. He claimed that billboards, street signs and placards were “wholly intrastate” and seen “constantly before the eyes of observers on the streets and in street cars to be seen without the exercise of choice or volition on their part.” He then claimed that other forms of advertising such as newsletters and radio commercials were seen or heard by choice. A newspaper article can be skipped, and a radio can be turned off to continue further listening; however, a billboard can not be thrown away or turned off by the viewer. Brandeis wrote, “These distinctions clearly place this kind of advertisement in a position to be classified so that regulations or prohibitions may be imposed upon all within the class. This is impossible with respect to newspapers or …show more content…
United State case of 1935 was another New Deal case. This case concerned section 3 of the National Industrial Recovery Act (NIRA), which give the president the authority to implement industrial codes to keep track of weekly employment hours, wages and minimum ages of employees, and if Congress had unconstitutionally delegated legislative power to the president. The decision unanimously landed in favor of Schechter Poultry Corporation. Brandeis felt strongly about this particular case. He reportedly told Roosevelt’s aides, “This is the end of this business of centralization, and I want you to go back and tell the president that we’re not going to let this government centralize everything.” (oyez.org) Brandeis also opposed Roosevelt’s proposition of adding one additional judge to the Supreme Court for every member who had reached the age of seventy and had not retired. This was known as the court-packing scheme, and it would grant the President more power since he had the authority of appointing individuals to the