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· 5/16/1927

Fiske v. Kansas

Citations

  • 274 U.S. 380
  • 47 S. Ct. 655
  • 71 L. Ed. 1108
  • 1927 U.S. LEXIS 35

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • reversing conviction of organizer of the Industrial Workers of the World for criminal syndicalism, based on references to class struggle in the union's constitution
  • “where a conclusion of law as to a Federal right and a finding of fact are so intermingled as to make it necessary, in order to pass upon the Federal question, to analyze the facts,” independent review is appropriate
  • “this Court will review the findings of facts by a State court . . . where a conclusion of law as to a Federal right and a finding of fact are so intermingled as to make it necessary, in order to pass upon the Federal question, to analyze the facts.”
  • Court reaches own \inference” about IWW preamble; Court must review state fact-finding \where a conclusion of law as to a Federal right and a finding of fact are so intermingled as to make it necessary, in order to pass upon the Federal question, to analyze the facts”
  • first amendment free speech guarantee applied
  • first amendment free speech guarantee applied

Source: CourtListener parenthetical corpus (CC0).

Judges: Sanford

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.