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Raley v. Ohio, 360 U.S. 423 (1959)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Raley v. Ohio, 360 U.S. 423 (1959)
Raley v. Ohio No. 175 Argued April 22-23, 1959 Decided June 22, 1959 * 360 U.S. 423
APPEAL FROM THE SUPREME COURT OF OHIO
Syllabus
The four appellants were convicted in state courts for refusing to answer questions about Communistic or subversive activities put to them at sessions of the "Un-American Activities Commission" established in the legislative branch of the Ohio Government. Each was led by the Commission to believe that the privilege against self-incrimination afforded by the Ohio Constitution was generally available to him, and each relied on that privilege; but the Ohio Supreme Court sustained their convictions on the ground that the privilege was not able to them, because a state immunity statute deprived them of the protection of that privilege.
Held:
1. The appeals are dismissed for want of jurisdiction under 28 U.S.C. §1257(2), since appellants have not demonstrated that an attack was made by them in the state courts on the validity of a state statute under the Federal Constitution; but certiorari is granted, since various rights, privileges and immunities under the Federal Constitution were claimed in the state courts, as required by 28 U.S.C. §1257(3). Pp. 434-437.
2. The convictions of three of the appellants violated the Due Process Clause of the Fourteenth Amendment, since they were entrapped by being convicted for exercising a privilege which the Commission had led them to believe was available to them. Pp. 437-440.
3. The conviction of the other appellant for refusing to state where he lived after being directed by the Commission to do so is affirmed by an equally divided Court. Pp. 440-442, 442-445.
167 Ohio St. 295, 147 N. E. 2d 847, affirmed in part and reversed in part.
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Chicago: U.S. Supreme Court, "Syllabus," Raley v. Ohio, 360 U.S. 423 (1959) in 360 U.S. 423 360 U.S. 424. Original Sources, accessed November 25, 2024, http://originalsources.com/Document.aspx?DocID=2NFR4ZI2QHGKEVV.
MLA: U.S. Supreme Court. "Syllabus." Raley v. Ohio, 360 U.S. 423 (1959), in 360 U.S. 423, page 360 U.S. 424. Original Sources. 25 Nov. 2024. http://originalsources.com/Document.aspx?DocID=2NFR4ZI2QHGKEVV.
Harvard: U.S. Supreme Court, 'Syllabus' in Raley v. Ohio, 360 U.S. 423 (1959). cited in 1959, 360 U.S. 423, pp.360 U.S. 424. Original Sources, retrieved 25 November 2024, from http://originalsources.com/Document.aspx?DocID=2NFR4ZI2QHGKEVV.
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