An Important Day in Constitutional History: Escobedo v. Illinois, 378 U.S. 478 (1964)

On this day during Constitutional Law Resource Month at the Harris County Law Library, we remember an important Supreme Court decision, Escobedo v. Illinois, 378 U.S. 478 (1964). Today marks the 52nd anniversary of the decision and its role in reinforcing our Sixth Amendment rights.

Danny Escobedo was arrested without a warrant on January 20, 1960. As the prime suspect in the shooting death of his brother-in-law, he was held for questioning for more than 18 hours. Escobedo asked repeatedly for his attorney to be present, but repeatedly, his request was denied. It was only after being indicted that Escobedo was granted access to a lawyer, violating his Fifth and Sixth Amendment rights to due process and access to counsel. The Miranda v. Arizona, 384 US 436 (1966) decision just two years later implicitly overruled Escobedo, but it was, nonetheless, an important step in the process toward ensuring a constitutional right to counsel for the criminal accused.

In honor of Bloomsday: United States v. One Book Entitled Ulysses by James Joyce

In recognition of Constitutional Law Resource Month at the Harris County Law Library and our first amendment right to free speech, we are honoring one of modern literature’s finest works, the controversial novel, Ulysses by James Joyce. First published in Paris in 1922 (after being serialized for three years in The Little Review), Ulysses takes place over the course of a single day. This day, June 16th, is recognized annually as Bloomsday, a celebration of Joyce’s life and an homage to his most famous work.

Although it is now universally touted as an innovative and pioneering work of literature, Ulysses was not always looked upon so favorably. The novel we now celebrate was subject to an implicit obscenity ban, which the American publisher, Random House, who had full rights to publish the book in the United States, sought to challenge. In 1933, Random House imported a French edition of the book, expecting it to be seized upon arrival by the U.S. Customs Service, an assumption which proved to be accurate. After seven months of weighing his options, an Assistant U.S. Attorney, who appreciated the work but questioned its decency under the law, decided to take action against it, leading ultimately to a 1934 obscenity trial in the United States Court of Appeals for the Second Circuit, 72 F.2d 705.  At question in the case was not the artistic merit of the book, but whether such a book should be regarded as "obscene" within section 305 (a) of the Tariff Act of 1930 (19 USCA § 1305a). This landmark case was extremely influential in paving a path for the import and publication of literature deemed inappropriate, coarse, or risqué, and, in effect, it reaffirmed our Constitutional right to free expression. Happy Bloomsday!

More Perfect, WNYC Podcast explores the rarEfied world of the Supreme Court

As recently reported by the New York Times, a new podcast is headed for the airwaves (or to a smartphone) near you. It’s called More Perfect, and it promises not to disappoint! This seven-week series will explore the history and lesser-known details of selected Supreme Court cases, giving special attention to their impact on everyday American lives. Jad Abumrad, a 2011 MacArthur Fellow whose curiosity and imagination know no limits, will host the show, and WNYC, the New York City public radio station that’s known for its innovative original programming, will produce it.

As a spin-off of the award-winning podcast, Radiolab, this new series is guaranteed to be a hit. Two episodes have already been posted, the first of which covers the history of the death penalty, and, in particular, the phrase, “cruel and unusual.” Embedded in the 8th Amendment to the United States Constitution, these words are a safeguard against the government’s imposition of excessive bail, fines, or punishment. The second episode, The Political Thicket, looks at Baker v. Carr, a 1962 redistricting case that Chief Justice Earl Warren called “the most important case of my tenure on the court.” (C-SPAN reported on this case in December 2015 as part of its Landmark Cases series.) A new episode of the More Perfect podcast will be posted each week until mid-July. Tune in now or subscribe to the program via your favorite app or feed.