Today in Supreme Court History: January 7

Marsh v. Alabama, 326 U.S. 501 (decided January 7, 1946): Alabama statute requiring people to leave private property when asked violates First Amendment (and Fourteenth Amendment) when property is open to the public (this was a Jehovan’s Witness on the sidewalk of a “company town”)

Tucker v. Texas, 326 U.S. 517 (decided January 7, 1946): companion case to the above, another Jehovah’s Witness, this time booted from a government-owned housing area (a clearer case of 1A/14A violation, if you ask me)

City of Escondido v. Emmons, 586 U.S. — (decided January 7, 2019): in this handcuffed-by-police §1983 claim, the Circuit Court’s brief statement that “excessive force” is “clearly established” was inadequate to support its conclusion that there was no qualified immunity; remanded for correct inquiry which is whether officer’s conduct violated clearly established statutory or Constitutional rights

Wright v. Van Patten, 552 U.S. 120 (decided January 7, 2008): right to counsel not violated when attorney appeared at plea hearing via speaker phone (which is actually more effective than personal appearance or Zoom, if your position is very weak: you don’t have to strain to keep a straight face, just make sure there’s no giggle in your voice)

Susquehanna Boom Co. v. West Branch Boom Co., 110 U.S. 57 (decided January 7, 1884): battle of the booms (to control timber floating downriver; they interfered with each other); federal court jurisdiction cannot be created by federal issue concocted after state court appellate process is exhausted (the belated argument was that Pennsylvania’s grant to the second boom company interfered with the contract of the first, in violation of art. I, §10)