Ferlinghetti on Trial

2012 ◽  
Vol 2 (4) ◽  
pp. 27-43 ◽  
Author(s):  
Joel E. Black

In spring 1957 the Juvenile Division of the San Francisco Police Department seized copies of Howl and charged the poem's publisher, Lawrence Felinghetti, with obscenity. Tried in summer 1957 and defended by the American Civil Liberties Union, Ferlinghetti was exonerated by a District Court judge. Scholars typically place the Howl trial at the beginning of a cultural and social revolution that flourished in the 1960s or place it amid the personal lives and rebellions of the actors composing the Beat Generation. However, these treatments do not fully consider the ways the prosecution reflected trends in law, shaped debates over juvenile delinquency, and amplified distinctions between legal censorship and public censuring. This paper situates the Howl prosecution amid the regulation of comics, rock music, motion pictures, narcotics in postwar America, to tell a story about California, conservatism, radicalism, and censorship in the Cold War Era.

Author(s):  
Donald W. Rogers

This chapter recounts the federal district court injunction proceeding instituted by the Committee for Industrial Organization (CIO) and American Civil Liberties Union (ACLU) to stop Jersey City from denying leafletting rights and public-speaking permits. Revealing the hearing’s nastiness, the chapter shows that the trial had legal significance beyond exposing Mayor Hague’s misdeeds, as it tested whether Jersey City’s claim of traditional municipal police powers against alleged CIO communists or the ACLU’s new vision of nationally protected speech and assembly rights for workers would prevail, and indeed, whether federal courts would accept jurisdiction. With law in flux, the chapter concludes, the district court broke new ground by assuming jurisdiction, rejecting Jersey City’s old legal vision, embracing new ACLU views, and enjoining Jersey City as requested.


Author(s):  
Donald W. Rogers

This book contributes to legal and labor history by reinterpreting the U.S. Supreme Court’s Hague v. CIO (1939) decision, which upheld a federal district court injunction prohibiting Jersey City boss Frank Hague from obstructing workers from the Committee for Industrial Organization (CIO) and allies in the American Civil Liberties Union (ACLU) from meeting in urban public places. The case involved speech and assembly freedoms, rights essential for CIO workers’ organizing efforts, but, as the book shows, these rights were submerged under municipal police powers to preserve public order until the court brought them under federal protection of the Fourteenth Amendment in Hague. Revising the conventional view, the book argues that Hague was more than simply a civil liberties victory for workers over a dictatorial, antilabor city boss. Drawing on new evidence in city archives, CIO records, trial transcripts, newspaper reports, and Jersey City court filings, as well as traditional sources in ACLU records and anti-Hague literature, the book demonstrates that the Hague-versus-CIO controversy emanated more from shifts in the labor movement from craft to industrial unionism, in municipal law, in urban police practices, in the politics of anticommunism and antifascism, and especially in the Supreme Court’s “civil liberties revolution.” With women and African Americans on the periphery, the book concludes, male CIO workers initiated the case, but Hague ultimately benefitted outdoor protests more than it benefitted labor speech.


Author(s):  
Jonathan Weinel

This chapter explores how music technologies and electronic studio processes relate to altered states of consciousness in popular music. First, an overview of audio technologies such as multi-tracking, echo, and reverb is given, in order to explore their illusory capabilities. In the rock ’n’ roll music of the 1950s, studio production techniques such as distortion provided a means through which to enhance the energetic and emotive properties of the music. Later, in surf rock, effects such as echo and reverb allowed the music to evoke conceptual visions of teenage surf culture. In the 1960s and 1970s, these approaches were developed in psychedelic rock music, and space rock/space jazz. Here, warped sounds and effects allowed the music to elicit impressions of psychedelic experiences, outer space voyages, and Afrofuturist mythologies. By exploring these areas, this chapter shows how sound design can communicate various forms of conceptual meaning, including the psychedelic experience.


2020 ◽  
Vol 22 (Supplement_2) ◽  
pp. ii138-ii138
Author(s):  
Iyad Alnahhas ◽  
Appaji Rayi ◽  
Yasmeen Rauf ◽  
Shirley Ong ◽  
Pierre Giglio ◽  
...  

Abstract INTRODUCTION While advocacy for inmates with cancer has recently gained momentum, little is known about management of brain tumors in inmates. Delays in acknowledging or recognizing nonspecific initial symptoms can lead to delayed diagnosis and treatment. Inmates with cancer are reported to either be ignored or receive substandard care due in part to cost or logistics (American Civil Liberties Union; ASCO Post 2018). METHODS In this retrospective study, we identified inmates with gliomas seen in the Ohio State University Neuro-oncology Center between 1/1/2010-4/20/2019. RESULTS Twelve patients were identified. Median age at presentation was 39.5 years (range 28-62). Eleven patients were Caucasian and one was African American. Diagnoses included glioblastoma (GBM) (n=6), anaplastic astrocytoma (n=1), anaplastic oligodendroglioma (n=1), low-grade astrocytoma (n=3) and anaplastic pleomorphic xanthroastrocytoma (n=1). Patients were more likely to present early after seizures or focal neurologic deficits (9/12) than after headaches alone. Patients with GBM started RT 12-71 days after surgery (median 34.5). One patient’s post-RT MRI was delayed by a month and another with GBM had treatment held after 4 cycles of adjuvant temozolomide (TMZ) due to “incarceration issues”. For one patient who received adjuvant TMZ, the facility failed to communicate with the primary team throughout treatment. Two patients suffered significant nausea while on chemotherapy due to inability to obtain ondansetron in prison, or due to wrong timing. 7/12 (58%) patients were lost to follow-up for periods of 3-15 months during treatment. Three patients refused adjuvant treatment. CONCLUSIONS Although this is a small series, our results highlight the inequities and challenges faced by inmates with gliomas who are more likely to forego treatments or whose incarceration prevents them from keeping appropriate treatment and follow-up schedules. Additional studies are needed to define and address these deficiencies in the care of inmates with brain tumors and other cancers.


2005 ◽  
Vol 22 (2) ◽  
pp. 429-454
Author(s):  
Serge Bouchard ◽  
Marie-Michèle Lavigne ◽  
Pascal Renauld

The office of special prothonotary was created in 1975 by an amendment to the Code of Civil Procedure. The main purpose of the change was to ease the administration of justice before the courts. For this reason, the special prothonotary received many assignments which were reserved until then to a judge sitting in chambers and even to the court itself. Such transfer of duties and powers may conflict with section 96 of the BNA Act, which acts as a bar to prevent the withdrawal of judicial functions from a superior, county or district court. This paper deals with the interferences between various sections of the Code of Civil Procedure and section 96 of the BNA Act. The first part of the paper deals with the approach adopted by the courts. The true test, according to the case-law, is to determine the nature of the function involved. Since only judicial functions are protected by section 96, it is intravires the Legislature of Quebec to confer on a board or tribunal administrative or ministerial powers. If the transfer involves judicial functions, the courts will use the test adopted by the Privy Council in Labour Relations Board of Saskatchewan v. John East Iron Works and by Sir Lyman Duff in In re Adoption Act, and examine whether the transferee is analogous to a superior, district or county court. The courts will also have to apply the « 1867 statute books test » : was the particular function conferred to the prothonotary before 1867 ? If the results of each of the two tests are affirmative, then the function is one protected by section 96 of the BNA Act and its transfer is ultra vires the provincial Legislature. If the results are negative, the courts will examine if the provisions involved have the effect of vesting in the special prothonotary the powers of a superior court judge. If the courts conclude that it is so, then, the assignment is ultra vires the powers of the provincial Legislature. The second part deals with each of the assignments transferred to the special prothonotary. These are threefold in nature: 1. Actions by default to appear or by default to plead under article 195 C.C.P. ; 2. Jurisdiction under article 44.1(1) C.C.P. ; 3. Interlocutory or incidental proceedings, contested or not, but, if so, with the consent of the parties. The paper concludes that most of the provisions dealing with the duties and powers of the special prothonotary are unconstitutional


2003 ◽  
Vol 18 ◽  
pp. 36-55
Author(s):  
Andreas Häger

Different forms of artistic expression play a vital role in religious practices of the most diverse traditions. One very important such expression is music. This paper deals with a contemporary form of religious music, Christian rock. Rock or popular music has been used within Christianity as a means for evangelization and worship since the end of the 1960s. The genre of "contemporary Christian music", or Christian rock, stands by definition with one foot in established institutional (in practicality often evangelical) Christianity, and the other in the commercial rock musicindustry. The subject of this paper is to study how this intermediate position is manifested and negotiated in Christian rock concerts. Such a performance of Christian rock music is here assumed to be both a rock concert and a religious service. The paper will examine how this duality is expressed in practices at Christian rock concerts.


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