TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 2 P23

Gale Encyclopedia of American Law Volume 2 P23 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 208 BUTLER PIERCE When it came to the civil liberties and freedom of speech of those in society with radical or dissenting opinions Butler was less understanding. Ironically Butler s dissenting opinions in many of these matters undermined the rights for dissent in the larger society. In his dissent against the majority opinion in Stromberg v. California 283 . 359 51 S. Ct. 532 75 L. Ed. 1117 1931 Butler considered lawful the conviction of a young woman found guilty of displaying a red flag in public. The California law under consideration Cal. penal Code 403a made it a felony to display a red flag as an emblem of opposition to organized government or an invitation . to anarchistic action. In United States v. Schwimmer 279 . 644 49 S. Ct. 448 73 L. Ed. 889 1929 Butler wrote the opinion for a majority of six upholding the denial of citizenship to the sixty-year-old Rosika Schwimmer. In her petition for citizenship Schwimmer had specifically stated that she would refuse to take up arms for the state in any possible circumstances. Writing the Court s opinion Butler interpreted her statement as opposition to the entire Constitution and therefore the laws of the country Taken as a whole it shows that her objection to military service rests on reasons other than mere inability because of her sex and age personally to bear arms . S he may be opposed to the use of military force as contemplated by our Constitution and laws. Butler dissented from the Court s decision again in Hague v. Committee of Industrial Organizations 307 . 496 59 S. Ct. 954 83 L. Ed. 1423 1939 where he argued for the legality of a city ordinance regulating labor meetings in city parks. In civil rights and racial issues Butler resisted changes in established interpretations of the Constitution. In the 1930s when the Court became more liberal and more actively sought to strike down state laws particularly racially discriminatory laws it considered unconstitutional Butler argued that the Court had

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