Today in Supreme Court History: March 21

A Book Named “John Cleland’s Memoirs of a Woman of Pleasure” v. Massachusetts, 383 U.S. 413 (decided March 21, 1966): The book is more widely known as “Fanny Hill”, written in 1749, a hot property when I was a teenager, made into a movie which I saw years later and was a disappointment.  Massachusetts brought a civil suit to have the book declared “obscene” under statute construed as anything not Constitutionally protected.  Lower court did not apply the test of Roth, 1957 (no redeeming social value, catering only to prurient interest, etc.), so remanded.  Meaning the trial judge would be forced to read the thing.  Not sure how this turned out.

Manuel v. City of Joliet. Ill., 580 U.S. 357 (decided March 21, 2017): pretrial detention can be a separate unlawful “seizure” under Fourth Amendment (even though well after arrest) (defendant kept in jail even after testing showed seized pills contained no illegal substance)

Caetano v. Massachusetts, 577 U.S. 411 (decided March 21, 2016): Stun guns protected by Second Amendment even though not in existence when Bill of Rights adopted and no military use.  Ouch!

San Antonio Independent School District v. Rodriguez, 411 U.S. 1 (decided March 21, 1973): state’s system of financing of schools via property taxes (i.e., children in poor areas get worse education) was not Equal Protection violation (poor people are not a protected class)

Missouri v. Frye, 566 U.S. 134 (decided March 21, 2012): ineffective assistance of counsel; defendant not advised of plea offer before it expired; remanded to state court to apply state law remedy

United States v. Grubbs, 547 U.S. 90 (decided March 21, 2006): upholding “anticipatory search warrants” (i.e., based on probable cause of future illegal activity) (here, possession of child pornography in package about to be delivered)

Kenyeres v. Ashcroft, 538 U.S. 1301 (decided March 21, 2003): denying stay of removal of Hungarian citizen wanted for embezzlement in his home country and who had overstayed his visa (Kenyeres stole $1.6 million from investors in Madoff-style scheme)

FDA v. Brown & Williamson Tobacco Corp., 529 U.S. 120 (decided March 21, 2000): FDA overstepped when it tried to ban tobacco products; invaded field Congress had occupied via its legislation as to labeling and advertising

Adams Fruit Co. v. Barrett, 494 U.S. 638 (decided March 21, 1990): migrants injured in unsafe van on way to work could sue under Migrant and Seasonal Agricultural Worker Protection Act despite worker’s comp bar (IOW: Congress can override the “dual capacity” doctrine, where employee can’t sue his employer even for non-employer acts)

Brower v. County of Inyo, 489 U.S. 593 (decided March 21, 1989): a roadblock can be an unreasonable “seizure” in violation of the Fourth Amendment (driving stolen car in high-speed chase, died when crashed into 18-wheeler placed by police; widow sued under §1983)

Delligatti v. United States, 604 U.S. --- (decided March 21, 2025): “crime of violence” under 18 U.S.C. §924(c)(3)(A), resulting in increased sentence if firearm is used, applies even though predicate crime (attempted murder) can be committed via omission (e.g., parent withholding food or medical care from child) (not that this was a crime of omission; gangster defendant had sent associates to shoot someone, but stopped by police)

Thompson v. United States, 604 U.S. --- (decided March 21, 2025): 18 U.S.C. §1014 criminalizes statements to FDIC which are false but not those which are misleading (defendant accurately said he had borrowed $110,000 from failed bank, but that was only one of three loans)