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Sweezy v. New Hampshire (docket # 175) (1957)  [Findlaw]

Secondary Link Sweezy v. New Hampshire
Argument Date 03/05/1957
Decided 06/17/1957
Supreme Court Vote 6-2
Note Thomas Emerson, who represnted the Appellant, auhtored THE SYSTEM OF FREEDOM OF EXPRESSION (1970). Recently, in Garcetti v. Ceballos (2006) the Court left open the question of the applicability of that holding to academic freedom.
Supreme Court Ruling Free speech claim upheld.
IssueWhether an investigation conducted under the aegis of state legislature to determine whether a professor was a “subversive person” in the State and including asking him for the contents of a lecture he gave at the State University and his knowledge of the Progressive Party violated the First Amendment.
Majority Opinion Warren, C.J. (joined by Black, J., Douglas, J., & Brennan, J.)
Concurring Opinion Frankfurter, J. (concurring in result) (joined by Harlan, J.)
Dissenting Opinion Clark, J. (joined by Burton, J.)
Lower Court New Hampshire Supreme Court
Lower Court Ruling Free speech claim denied
For Petitioner
Thomas I. Emerson

For Respondent
Louis C. Wyman, Attorney General of New Hampshire

Opinion - Lower Court
Wyman v. Sweezy, 100 N.H. 103, (N.H. 1956)
"Brickbats at the Court," New York Times, Jun. 25, 1957, pg. 28
"Court Will Review Case of Contempt," New York Times, Apr. 8, 1858, pg. 21
"High Court to Review Contempt Conviction," The Washington Post and Times Herald, Apr. 8, 1958, sect. A, pg. 13
"N.H. Finding of Contempt Is Reversed," The Washington Post and Times Herald, Jun. 18, 1957, sect. A, pg. 22
"Sweezy Rehearing Asked," New York Times, Jul. 17, 1957, pg. 11
"Three More Win Contempt Cases; Top Court Voids Convictions of Barenblatt, Sacher and Flaxer - Acts on Others Failed to Produce Records," New York Times, Jun. 25, 1957, pg. 19
Davies, Lawrence E., "High Court Views Upset Law Group; Anti-Red Curbs and Opening of Files Decried at Parley of State Legal Chiefs," New York Times, Jun. 24, 1957, pg. 19
Davies, Lawrence E., "Law Group Head Hits High Court; New Hampshire’s Attorney General Assails Decisions Curbing Investigations, Law Group Head Hits High Court, Urges Four Moves," New York Times, Jun. 25, 1957, pg. 1
Huston, Luther A., "Review of the Session," New York Times, Jul. 1, 1957, pg. 1
Huston, Luther A., "Red Cases Lead High Court’s List; Nelson and Watkins Among Seven Who Win Hearings, Red Cases Lead High Court’s List, Congress’ Power at Issue, New Hampshire Law Tested Case of Concealment," New York Times, Oct. 29, 1956, pg. 1
Huston, Luther A., "Union Aide Victor; Contempt Case Ruling Given by Warren," New York Times, Jun. 18, 1957, pg. 1
Jensen, Robert C., "High Court Backs Refusal to Name Reds; 6-1 Decision Upsets Conviction of Watkins for Contempt; Ruling Strikes at Procedures of Congressional Investigations," The Washington Post and Times Herald, Jun. 18, 1957, sect. A, pg. 1
Lewis, Anthony, "Rights At Inquiry Again Court Issue; New Cases Raise Questions on Legislative Powers in Wake of Watkins Ruling," New York Times, Mar. 31, 1958, pg. 27
Reston, James, "High Court Decision Put a Strong Stress on Academic Liberty," New York Times, Jun. 19, 1957, pg. 1
"Paul M. Sweezy: April 10, 1910-February 27, 2004" (obituary), Monthly Review, April 1, 2004

Bellamy, John, "The commitment of an intellectual: Paul M. Sweezy," Monthly Review, Oct. 1, 2004

Chang, Ailsa W., "Resuscitating the constitutional "theory" of academic freedom: a search for a standard beyond Pickering and Connick," 53 Stanford Law Review 915 (2001)
Overview, " Free speech on public college campuses" (FAC)

Simon, John J., "Sweezy v. New Hampshire: the Radicalism of Principle," Monthly Review, April 1, 2000

Skotnes, Andros, "An interview with Paul M. Sweezy," Monthly Review, May 1, 1999

Strum, Philippa, "Why Academic Freedom? The Theoretical and Constitutional Context," in ACADEMIC FREEDOM AFTER 911, Beshara Doumani, editor (Zone Books, 2006), pp. 146-149
Sweezy, Paul, "Statement to the New Hampshire Attorney General"

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