Ashton v. Kentucky, No. 619
| Court | United States Supreme Court |
| Writing for the Court | DOUGLAS |
| Citation | 384 U.S. 195,86 S.Ct. 1407,16 L.Ed.2d 469 |
| Parties | Steve ASHTON, Petitioner, v. KENTUCKY |
| Docket Number | No. 619 |
| Decision Date | 16 May 1966 |
v.
KENTUCKY.
Ephraim London, New York City, for petitioner.
Page 196
John Browning, Frankfort, Ky., for respondent.
Mr. Justice DOUGLAS delivered the opinion of the Court.
Petitioner was sentenced to six months in prison and fined $3,000 for printing a pamphlet found to be prohibited by the common law of criminal libel in Kentucky. The Kentucky Court of Appeals, with three judges dissenting, affirmed petitioner's conviction. Ky., 405 S.W.2d 562. We granted certiorari (382 U.S. 971, 86 S.Ct. 537, 15 L.Ed.2d 464) and reverse.
Petitioner went to Hazard, Kentucky, in 1963, where a bitter labor dispute raged, to appeal for food, clothing and aid for unemployed miners. The challenged pamphlet, which had a limited circulation, stated concerning Sam L. Luttrell, Chief of Police of Hazard:
'Six weeks ago I witnessed a plot to kill the one pro-strike city policeman on the Hazard Force. Three of the other cops were after him while he was on night-duty. It took 5 pickets guarding him all night long to keep him from getting killed, but they could not prevent him from being fired, which he was three weeks ago. Another note on the City Police: The Chief of the force, Bud Luttrell, has a job on the side of guarding an operator's home for $100 a week. Its against the law for a peace officer to take private jobs.'
It said concerning Charles E. Combs, the Sheriff:
'The High Sheriff has hired 72 deputies at one time, more than ever before in history; most of them hired because they wanted to carry guns. He, Sheriff Combs, is also a mine operator—in a recent Court decision he was fined $5,000 for intentionally blinding a boy with tear-gas and beating him while he was locked in a jail cell with his hands cuffed. The
Page 197
boy lost the sight of one eye completely and is nearly blind in the other. Before the trial Sheriff Combs offered the boy $75,000 to keep it out of court, but he refused. Then for a few thousand dollars Combs probably bought off the jury. The case is being appealed by the boy to a higher court—he wants $200,000. Combs is now indicted for the murder of a man voluntary manslaughter. Yet he is still the law in this county and has the support of the rich man because he will fight the pickets and the strike. The same is true of the State Police. They escort the scabs into the mines and hold the pickets at gunpoint.'
And it said respecting Mrs. W. P. Nolan, co-owner of the Hazard Herald:
'The town newspaper, the Hazard Herald, has hollered that 'the commies have come to the mountains of Kentucky's and are leading the strike. The Herald was the recipient of over $14,000 cash and several truckloads of food and clothing which were sent as the result of a CBS—TV show just before Christmas. The story was on the strike and aid was supposed to be sent to the pickets in care of the Hazard Herald, however the editor, Mrs. W. P. Nolan, is vehemently against labor—she has said that she would rather give the incoming aid to the merchants in town than to the miners. Apparently that is what she has done, for only $1100 of the money has come to the pickets, and none of the food and clothes. They are now either still under lock and key, or have been given out to the scabs and others still.'
The indictment charged 'the offense of criminal libel' committed 'by publishing a false and malicious publication which tends to degrade or injure' the three named
Page 198
persons. The trial court charged that 'criminal libel is defined as any writing calculated to create disturbances of the peace, corrupt the public morals, or lead to any act, which, when done, is indictable.'
The court also charged that malice is 'an essential element of this offense' and falsity as well.
The Court of Appeals in affirming the judgment of conviction adopted a different definition of the offense of criminal libel from that given the jury by the trial court. It ruled that the element of breach of the peace was no longer a constitutional basis for imposing criminal liability. It held that the common-law crime of criminal libel in Kentucky is 'the publication of a defamatory statement about another which is false, with malice.'
We indicated in Shuttlesworth v. City of Birmingham, 382 U.S. 87, 86 S.Ct. 211, 15 L.Ed.2d 176, that where an accused is tried and convicted under a broad construction of an Act which would make it unconstitutional, the conviction cannot be sustained on appeal by a limiting construction which eliminates the unconstitutional features of the Act, as the trial took place under the unconstitutional construction of the Act. We think that principle applies here. Petitioner was tried and convicted according to the trial court's understanding of...
To continue reading
Request your trial
-
Buckley v. Valeo, No. 75-1061
...The principles charting our course are well settled. "Vague laws in any area suffer a constitutional infirmity," Ashton v. Kentucky, 384 U.S. 195, 200, 86 S.Ct. 1407, 1410, 16 L.Ed.2d 469 (1966) (footnote omitted), and commonly in the First Amendment area doubly so. There, perhaps more than......
-
Gautier Torres v. Mathews, Civ. No. 75-1331.
...710, 11 L.Ed.2d 686 (1954); Garrison v. Louisiana, 379 U.S. 64, 85 S.Ct. 209, 13 L.Ed.2d 125 (1964); Ashton v. Kentucky, 389 U.S. 195, 86 S.Ct. 1407, 16 L.Ed.2d 469 (1966). Since the Insular Cases, the Supreme Court has significantly advanced the equality of rights for other cognizable mino......
-
United States v. Walker, Crim. A. No. 80-486.
...109 U.Pa.L.Rev. 67 (1960). This same rule applies to "common law crimes" as well as statutorily defined offenses. See Ashton v. Kentucky, 384 U.S. 195, 86 S.Ct. 1407, 16 L.Ed.2d 469 (1966). See note 24, 24 Whalen v. United States, 445 U.S. 684, 689 n.4, 100 S.Ct. 1432, 1437, n.4, 63 L.Ed.2d......
-
United States v. Spock, No. 7205-7208.
...the conspiracy doctrine is superimposed on § 462(a), and especially in this case, grave problems are presented. In Ashton v. Kentucky, 384 U.S. 195, 86 S.Ct. 1407, 16 L.Ed.2d 469 (1966), the Supreme Court struck down the Kentucky common law crime of libel on grounds of overbreadth due to va......
-
Buckley v. Valeo, No. 75-1061
...The principles charting our course are well settled. "Vague laws in any area suffer a constitutional infirmity," Ashton v. Kentucky, 384 U.S. 195, 200, 86 S.Ct. 1407, 1410, 16 L.Ed.2d 469 (1966) (footnote omitted), and commonly in the First Amendment area doubly so. There, perhaps more than......
-
Gautier Torres v. Mathews, Civ. No. 75-1331.
...710, 11 L.Ed.2d 686 (1954); Garrison v. Louisiana, 379 U.S. 64, 85 S.Ct. 209, 13 L.Ed.2d 125 (1964); Ashton v. Kentucky, 389 U.S. 195, 86 S.Ct. 1407, 16 L.Ed.2d 469 (1966). Since the Insular Cases, the Supreme Court has significantly advanced the equality of rights for other cognizable mino......
-
United States v. Walker, Crim. A. No. 80-486.
...109 U.Pa.L.Rev. 67 (1960). This same rule applies to "common law crimes" as well as statutorily defined offenses. See Ashton v. Kentucky, 384 U.S. 195, 86 S.Ct. 1407, 16 L.Ed.2d 469 (1966). See note 24, 24 Whalen v. United States, 445 U.S. 684, 689 n.4, 100 S.Ct. 1432, 1437, n.4, 63 L.Ed.2d......
-
United States v. Spock, No. 7205-7208.
...the conspiracy doctrine is superimposed on § 462(a), and especially in this case, grave problems are presented. In Ashton v. Kentucky, 384 U.S. 195, 86 S.Ct. 1407, 16 L.Ed.2d 469 (1966), the Supreme Court struck down the Kentucky common law crime of libel on grounds of overbreadth due to va......
-
THOSE ARE FIGHTING WORDS, AREN'T THEY? ON ADDING INJURY TO INSULT.
...(citing Near v. Minnesota, 283 U.S. 697, 721-22 (1931) and Cantwell v. Connecticut, 310 U.S. 296 (1940))). (75.) See Ashton v. Kentucky, 384 U.S. 195, 200 (1966) (noting that "[c]onvictions for 'breach of the peace' where the offense was imprecisely defined were ... (76.) See Cantwell v. Co......