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Encyclopedia > Potter Stewart
Potter Stewart


Image File history File links Download high resolution version (1197x1442, 113 KB) Description Official portrait of Justice Potter Stewart. ...


In office
October 14, 1958 – July 3, 1981
Nominated by Dwight D. Eisenhower
Preceded by Harold Hitz Burton
Succeeded by Sandra Day O'Connor

Born January 23, 1915
Jackson, Michigan
Died December 7, 1985
Hanover, New Hampshire

Potter Stewart (January 23, 1915December 7, 1985) was an Associate Justice of the United States Supreme Court. Associate Justices of the Supreme Court of the United States are the members of the Supreme Court of the United States other than the Chief Justice of the United States. ... October 14 is the 287th day of the year (288th in leap years) in the Gregorian calendar. ... Year 1958 (MCMLVIII) was a common year starting on Wednesday of the Gregorian calendar. ... July 3 is the 184th day of the year (185th in leap years) in the Gregorian calendar, with 181 days remaining. ... 1981 (MCMLXXXI) was a common year starting on Thursday of the Gregorian calendar. ... D. D. Eisenhower during WWII Dwight David Eisenhower (born David Dwight Eisenhower, October 14, 1890 - March 28, 1969), nicknamed Ike, was an American soldier and politician, who served as the thirty-fourth President of the United States (1953-1961). ... Harold Hitz Burton (June 22, 1888 - October 28, 1964) was an American Senator and Associate Justice of the Supreme Court of the United States. ... Sandra Day OConnor (born March 26, 1930) is an American jurist who served as the first female Associate Justice of the Supreme Court of the United States from 1981 to 2006. ... January 23 is the 23rd day of the year in the Gregorian calendar. ... 1915 (MCMXV) was a common year starting on Friday (link will display the full calendar). ... Country United States State Michigan County Jackson Mayor Martin J. Griffin (D) Area    - City 11. ... Official language(s) None (English, de-facto) Capital Lansing Largest city Detroit Area  Ranked 11th  - Total 97,990 sq mi (253,793 km²)  - Width 239 miles (385 km)  - Length 491 miles (790 km)  - % water 41. ... December 7 is the 341st day (342nd in leap years) of the year in the Gregorian calendar. ... 1985 (MCMLXXXV) was a common year starting on Tuesday of the Gregorian calendar. ... Hanover is a town located on the Connecticut River in Grafton County, New Hampshire, United States. ... January 23 is the 23rd day of the year in the Gregorian calendar. ... 1915 (MCMXV) was a common year starting on Friday (link will display the full calendar). ... December 7 is the 341st day (342nd in leap years) of the year in the Gregorian calendar. ... 1985 (MCMLXXXV) was a common year starting on Tuesday of the Gregorian calendar. ... The Justices of the United States Supreme Court, other than the Chief Justice, are termed Associate Justices. ... The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States...


Education

Stewart was born in Jackson, Michigan while his family was on vacation. His father, James G. Stewart, a prominent Republican from Cincinnati, Ohio, served as Mayor of Cincinnati for seven years and was later a justice on the Ohio Supreme Court. Country United States State Michigan County Jackson Mayor Martin J. Griffin (D) Area    - City 11. ... Official language(s) None (English, de-facto) Capital Lansing Largest city Detroit Area  Ranked 11th  - Total 97,990 sq mi (253,793 km²)  - Width 239 miles (385 km)  - Length 491 miles (790 km)  - % water 41. ... Nickname: The Queen City Location in Hamilton County, Ohio, USA Coordinates: Country United States State Ohio County Hamilton Founded 1788 Incorporated 1802 (village) - 1819 (city) Government type Strong mayor  - Mayor Mark L. Mallory (D) Area    - City  79. ... The Ohio Supreme Court is the highest court in the U.S. state of Ohio, with final authority over interpretations of Ohio law and the Ohio Constitution. ...


Stewart attended the Hotchkiss School, graduating in 1933. Then, he went on to Yale University, where he was a member of Delta Kappa Epsilon and Skull and Bones graduating class of 1937. He was awarded Phi Beta Kappa and served as chairman of the student newspaper, The Yale Daily News. He graduated from Yale Law School in 1941, where he was an editor of the Yale Law Journal and a member of Phi Delta Phi. Other members of that era included Gerald R. Ford, Peter H. Dominick, Walter Lord, William Scranton, R. Sargent Shriver, Cyrus R. Vance, and Byron R. White. The last would later become his colleague on the Supreme Court. The Hotchkiss School is an independent, American college preparatory boarding school located in Lakeville, Connecticut. ... Year 1933 (MCMXXXIII) was a common year starting on Sunday. ... “Yale” redirects here. ... Delta Kappa Epsilon (ΔΚΕ; also pronounced D K E or Deke) is the oldest secret college mens fraternity of New England origin. ... Emblem of the Skull and Bones society The Order of Skull and Bones is a secret society based at Yale University, in New Haven, Connecticut. ... Year 1937 (MCMXXXVII) was a common year starting on Friday (link will take you to calendar). ... The Phi Beta Kappa Society is an honor society which considers its mission to be fostering and recognizing excellence in undergraduate liberal arts and sciences. ... A front page of the Yale Daily News. ... The Sterling Law Building Sculptural ornamentation on the Sterling Law Building Yale Law School, or YLS, is the law school of Yale University in New Haven, Connecticut. ... For the movie, see 1941 (film). ... The Yale Law Journal, published continuously since 1891, is by far the oldest and most widely known of the eight law reviews published by students at Yale Law School. ... There are very few or no other articles that link to this one. ... Gerald Rudolph Ford, Jr. ... Peter Hoyt Dominick was a United States Representative and a Senator from Colorado; He was born in Stamford, Connecticut on July 7, 1915; graduated from St. ... Walter Lord (October 8, 1917-19 May 2002) was an American author, best known for his documentary-style novel A Night To Remember, about the sinking of the RMS Titanic. ... Scranton made the cover of Time in 1962 William Warren Scranton (born July 19, 1917) is a former U.S. Republican Party politician. ... Robert Sargent Shriver, Jr. ... Cyrus Roberts Vance (March 27, 1917–January 12, 2002), was the United States Secretary of State under President Jimmy Carter from 1977 to 1980. ... Byron Raymond White (June 8, 1917 - April 15, 2002) won fame both as a bruising running back and as an associate justice of the Supreme Court of the United States. ... The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States...


Life experience

He served in World War II as a member of the US Navy Reserve aboard oil tankers. Combatants Allied powers: China France Great Britain Soviet Union United States and others Axis powers: Germany Italy Japan and others Commanders Chiang Kai-shek Charles de Gaulle Winston Churchill Joseph Stalin Franklin Roosevelt Adolf Hitler Benito Mussolini Hideki Tōjō Casualties Military dead: 17,000,000 Civilian dead: 33,000... The United States Navy Reserve is the reserve component of the United States Navy. ...


In 1943, he married Mary Ann Bertles in a ceremony at Bruton Episcopal Church in Williamsburg, Virginia. His brother, Zeph Stewart (also an initiate of Delta Kappa Epsilon and Skull and Bones), was the best man. They eventually had a daughter, Harriet (Virkstis), and two sons, Potter, Jr. and David. 1943 (MCMXLIII) was a common year starting on Friday (the link is to a full 1943 calendar). ... Nickname: The Burg Location in the Commonwealth of Virginia. ... Delta Kappa Epsilon (ΔΚΕ; also pronounced D K E or Deke) is the oldest secret college mens fraternity of New England origin. ... Emblem of the Skull and Bones society The Order of Skull and Bones is a secret society based at Yale University, in New Haven, Connecticut. ...


He was employed in private practice at the law firm of Dinsmore & Shohl, LLP in Cincinnati and at the age of 39, in 1954, he was appointed to the United States Court of Appeals for the Sixth Circuit. 1954 (MCMLIV) was a common year starting on Friday of the Gregorian calendar. ... The United States Court of Appeals for the Sixth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts: Western and Eastern Districts of Kentucky Western and Eastern Districts of Michigan Northern and Southern Districts of Ohio Western, Middle, and Eastern Districts of Tennessee...


Supreme Court service

In 1958, President Eisenhower nominated Stewart to the Supreme Court to replace Justice Harold Hitz Burton, who was retiring. Year 1958 (MCMLVIII) was a common year starting on Wednesday of the Gregorian calendar. ... Dwight David Ike Eisenhower (October 14, 1890–March 28, 1969), American soldier and politician, was the 34th President of the United States (1953–1961) and supreme commander of the Allied forces in Europe during World War II, with the rank of General of the Army. ... Harold Hitz Burton (June 22, 1888 - October 28, 1964) was an American Senator and Associate Justice of the Supreme Court of the United States. ...


Stewart retained a moderate outlook throughout his tenure on the Court, perhaps best typified by his joining the decision in Furman v. Georgia (1972) which invalidated all death penalty laws then in force, and then joining in the Court's decision four years later, Gregg v. Georgia, which upheld the revised capital punishment legislation adopted in a majority of the states. Stewart dissented from the Court's decision in Griswold v. Connecticut (1965), invalidating a law banning the sale of contraceptives based on a "Right of Privacy," arguing that such a right did not exist, but changed his views and was a key mover behind the Court's decision in Roe v. Wade (1973), which recognized the right to abortion under the "Right of Privacy." Stewart wrote a concurrence in that case, accepting the right recognized in Griswold. Holding The arbitrary and inconsistent imposition of the death penalty violates the Eighth and Fourteenth Amendments, and constitutes cruel and unusual punishment. ... 1972 (MCMLXXII) was a leap year starting on Saturday. ... Capital punishment in the United States is officially sanconed by 38 of the 50 states, as well as by the federal government and the military. ... Holding A Connecticut law criminalizing the use of contraceptives violated the right to marital privacy. ... 1965 (MCMLXV) was a common year starting on Friday (the link is to a full 1965 calendar). ... Holding Texas law making it a crime to assist a woman to get an abortion violated her due process rights. ... 1973 (MCMLXXIII) was a common year starting on Monday. ...


To the lay public, Stewart may be best known for a quotation, or a fragment thereof, from his opinion in the obscenity case of Jacobellis v. Ohio (1964). Stewart wrote in his short concurrence that "hard-core pornography" was hard to define, but that "I know it when I see it." Usually dropped from the quote is the remainder of that sentence, "and the motion picture involved in this case is not that." He later recanted this view in Miller v. California, in which he accepted that his prior view was simply untenable. Obscenity in Latin obscenus, meaning foul, repulsive, detestable, (possibly derived from ob caenum, literally from filth). The term is most often used in a legal context to describe expressions (words, images, actions) that offend the prevalent sexual morality of the time. ... Holding The First Amendment, as applied through the Fourteenth, protected a movie theatre manager from being prosecuted for possessing and showing a film that was not obscene. ... The phrase that I know it when I see it usually describes something that is hard to define but can be recognized by intuition. ... Holding Obscene materials are defined as those that the average person, applying contemporary community standards, find, taken as a whole, appeal to the prurient interest; that depict or describe, in a patently offensive way, sexual conduct specifically defined by applicable state law; and that, taken as a whole, lack serious...


He was the lone dissenter in the landmark juvenile law case In Re Gault (1967). That case extended to minors the right to be informed of rights and the right to an attorney, which had been granted to adults in Gideon v. Wainwright (1963) and Miranda v. Arizona (1966), respectively. In re Gault, 387 U.S. 1 (1967) was a landmark U.S. Supreme Court decision which established that under the Fourteenth Amendment, juveniles accused of crimes must be accorded the same due process rights as adults. ... In law, a person who is not yet a legal adult is known as a minor (known in some places as an infant or juvenile). ... Holding The Sixth Amendment right to counsel is a fundamental right applied to the states through the Fourteenth, and requires that indigent criminal defendants be provided counsel at trial. ... Holding The Fifth Amendment privilege against self-incrimination requires law enforcement officials to advise a suspect interrogated in custody of his rights to remain silent and to obtain an attorney. ...


Prior to the appointment of Warren Burger as Chief Justice, many speculated that President Nixon would elevate Stewart to the post, some going so far as to call him the front-runner. Stewart, though flattered by the suggestion, did not want again to appear before--and expose his family to--the Senate confirmation process. Nor did he relish the prospect of taking on the administrative responsibilities delegated to the Chief Justice. Accordingly, he met privately with the president to ask that his name be removed from consideration. Warren Burger at a press conference in May 1969 shortly after he was nominated to be Chief Justice of the United States. ... The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth- or other countries with an Anglosaxon type of justice, such as the Supreme Court of the United States, the Supreme Court of Canada, the Supreme Court of New Zealand, the Supreme...


Stewart remained on the Court until his retirement in July 1981 at the age of 66. He was succeeded by Sandra Day O'Connor, the first woman to serve on the Supreme Court. Sandra Day OConnor (born March 26, 1930) is an American jurist who served as the first female Associate Justice of the Supreme Court of the United States from 1981 to 2006. ...


After his retirement, he appeared in a series of public television specials about the United States Constitution with Fred W. Friendly. Wikisource has original text related to this article: Constitution of the United States of America Page one of the original copy of the Constitution. ... Fred W. Friendly Fred W. Friendly (October 30, 1915 – March 3, 1998) was the former president of CBS News and the creator, with Edward R. Murrow, of the documentary television program See It Now. ...


Stewart's personal and official papers are archived at the manuscript library of Yale University in New Haven, Connecticut. However, all files concerning Stewart's service are closed to researchers until all the justices with whom Stewart served have left the court. Thus, the files are expected to be made public following the departure from the court of Justice John Paul Stevens, who is the last sitting justice who served with Stewart. Nickname: The Elm City Location in Connecticut Coordinates: NECTA New Haven Region South Central Region Settled 1638 Incorporated (city) 1784 Consolidated 1895 Government Type Mayor-board of aldermen  - Mayor John DeStefano, Jr. ... John Paul Stevens (born April 20, 1920) is an American jurist, and the senior Associate Justice of the Supreme Court of the United States. ...

Preceded by
Xenophon Hicks
Judge of the U.S. Court of Appeals for the Sixth Circuit
1954–1958
Succeeded by
Lester LeFevre Cecil
Preceded by
Harold Hitz Burton
Associate Justice of the Supreme Court of the United States
October 14, 1958July 3, 1981
Succeeded by
Sandra Day O'Connor
The Warren Court Seal of the U.S. Supreme Court
1958–1962: H. Black | F. Frankfurter | Wm. O. Douglas | T.C. Clark | J.M. Harlan II | Wm. J. Brennan | C.E. Whittaker | P. Stewart
1962–1965: H. Black | Wm. O. Douglas | T.C. Clark | J.M. Harlan II | Wm. J. Brennan | P. Stewart | B. White | A.J. Goldberg
1965–1967: H. Black | Wm. O. Douglas | T.C. Clark | J.M. Harlan II | Wm. J. Brennan | P. Stewart | B. White | A. Fortas
1967–1969: H. Black | Wm. O. Douglas | J.M. Harlan II | Wm. J. Brennan | P. Stewart | B. White | A. Fortas | T. Marshall
The Burger Court
1969: H. Black | Wm. O. Douglas | J.M. Harlan II | Wm. J. Brennan | P. Stewart | B. White | A. Fortas | T. Marshall
1970–1971: H. Black | Wm. O. Douglas | J.M. Harlan II | Wm. J. Brennan | P. Stewart | B. White | T. Marshall | H. Blackmun
1972–1975: Wm. O. Douglas | Wm. J. Brennan | P. Stewart | B. White | T. Marshall | H. Blackmun | L.F. Powell, Jr. | Wm. Rehnquist
1975–1981: Wm. J. Brennan | P. Stewart | B. White | T. Marshall | H. Blackmun | L.F. Powell, Jr. | Wm. Rehnquist | J.P. Stevens

  Results from FactBites:
 
Potter Stewart - Wikipedia, the free encyclopedia (740 words)
Potter Stewart (January 23, 1915 – December 7, 1985) was an Associate Justice of the United States Supreme Court.
Stewart dissented from the Court's decision in Griswold v.
Stewart wrote in his short concurrence that "hard-core pornography" was hard to define, but that "I know it when I see it." Usually dropped from the quote is the remainder of that sentence, "and the motion picture involved in this case is not that." He later recanted this view in Miller v.
Potter Stewart (603 words)
Potter Stewart was born on January 23, 1915 in Cincinnati, Ohio.
Stewart was the son of James Garfield and Harriett (Potter) Stewart.
Stewart's father was a lawyer who served as mayor of Cincinnati and later was a justice of the Supreme Court of Ohio.
  More results at FactBites »


 

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