Case Citator › American Communications Assn. v. Douds

American Communications Assn. v. Douds

Is it still good law? What later courts have actually done to this case.

Criticized by some courts
Court
Supreme Court of the United States
Citation
339 U.S. 382
Decided
Confirmed treatments
1
Flagged citations read
14 of 14
Citing cases (total)
14
Treatment dates
1965
Criticized by some courts
At least one reviewed court has criticized this case’s reasoning. No reviewed court has overruled it. American Communications Assn. v. Douds has been criticized. In United States v. Brown, the Supreme Court said Douds misread an earlier bill of attainder decision; that treatment is listed below.
More on how this was screened

The Constitution Annotated lists Douds as overruled by Brown; the passage reviewed here expressly criticizes its reading of Lovett without saying it overrules Douds. All 14 flagged citations have been read. Hurwitz v. Directors Guild of America, Inc. found the federal affidavit requirement addressed by Douds inapposite to a private union membership oath. It did not confine a rule Douds had decided.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

14 later cases cite American Communications Assn. v. Douds; 14 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on American Communications Assn. v. Douds?

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Treatments

Criticized

  • The Supreme Court criticized Douds's reading of an earlier bill of attainder decision.

    United States v. Brown · Supreme Court of the United States · filed

    We think that the Court in Douds misread United States v. Lovett when it suggested, 339 U. S., at 413, that that case could be distinguished on the ground that the sanction there imposed was levied for purely retributive reasons.
    Read the full opinion on CourtListener →

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