ChesterNewMatterWinter2017 - 27

The Blank Page

By Mark Blank, Jr., Esquire

Years Ago



h, 1967; the year of the summer of love. The
term "hippy" was coined. But 1967 was not all
love, as the Vietnam War escalated and a wave of
protests occurred all over the country on college campuses
and elsewhere. Then there was the Six Day War, in which
Israel was attacked by its hostile neighbors, specifically,
Egypt, Syria, Jordan, Iraq and Lebanon. Israel defeated the
attackers and won the war. (Israel apparently knew what
was coming and was prepared for it.) As a result, Israel
captured the Gaza Strip and the Sinai Peninsula from
Egypt; the West Bank (including East Jerusalem) from
Jordan and the Golan Heights from Syria.

In film, James Bond, You Only Live Twice (Sean Connery
as James Bond); The Graduate (Dustin Hoffman, Anne
Bancroft, Katharine Ross, Murray Hamilton); Bonnie and
Clyde (Faye Dunaway and Warren Beatty); Guess Who's
Coming To Dinner (Spencer Tracey, Katherine Hepburn,
Sidney Poitier); In the Heat Of The Night (Sidney Poitier,
Rod Steiger).

In pop music, The Beach Boys, Heroes and Villains; Scott
McKenzie, If You're Going To San Francisco; Strawberry
Alarm Clock, Incense and Peppermint; Procol Harum,
Whiter Shade of Pale; The Fifth Dimension, Up, Up and
Away; The Association, Windy, Never My Love; The
Box Tops, The Letter; The Beatles, Sgt. Pepper's Lonely
Hearts Club Band, Penny Lane; The Mamas and The
Papas, Creque Alley, Dedicated To The One I Love; The
Buckinghams, Kind Of A Drag, Susan; The Supremes,
Reflections; The Four Tops, Bernadette; Simon and
Garfunkel, 59th Street Bridge Song; Hugo Montegro and
His Orchestra, Theme from A Few Dollars More; The Soul
Survivors, Expressway To Your Heart; The Rascals, How
Can I Be Sure; The Turtles, Happy Together; The Hollies,
Stop, Stop, Stop; The Monkees, Another Pleasant Valley
Sunday; The Critters, Don't Let The Rain Fall Down On Me;
Spanky and Our Gang, Sunday Will Be Never The Same.

Katz v. United States, 389 U.S. 347 (1967); there the
Court held that the Government's eavesdropping activities

in the form of bugging a telephone booth constituted
a search and seizure within the meaning of the Fourth
Amendment. Per Justice Stewart; Justices Douglas and
Brennan concurring; Justice Black dissenting.
In Loving v. Virginia, 388 U.S. 1 (1967), the Court struck
down Virginia's antimiscegenation law, stating that such
laws are unconstitutional as violations of equal protection
and due process of law. Justice Warren delivered the
opinion of the Court with Justice Stewart concurring.
(Post-Loving, billboards and signs were erected throughout
the South stating: "Impeach Earl Warren.")
In Re: Gault, 387 U.S. 1 (1967), was a sequel to Kent v.
United States, 383 U.S. 541 (1966). Kent held that juveniles
have a right to counsel at waiver hearings. Gault stated
that in proceedings against juveniles (whether juvenile
or criminal), juveniles have the same due process rights
as adults have in criminal proceedings. (An exception
was carved out later in McKeiver v. Pennsylvania, 403 U.S.
528 (1971), which held that, in juvenile matters, there
is no right to a jury trial.) Justice Fortas delivered the
opinion for the majority. Justice Black and Justice White
concurred. Justice Harlan concurred in part, dissented in
part. Justice Stewart dissented.
Curtis Publishing Company v. Butts, 388 U.S. 130 (1987)
extended the New York Times Doctrine (New York
Times v. Sullivan, 376 U.S. 259 (1964)) to public figures.
Justice Harlan announced the Judgment of the Court
and delivered an opinion in which Justices Clark, Stewart
and Fortas joined. Justices Black, Douglas and Brennan
concurred. See: Associated Press v. Walker, 389 U.S. 28
In Anders v. California, 386 U.S. 738 (1967), the Court
held that there is a duty on the part of Appellate Counsel,
who wishes to withdraw from the case because the appeal
in his/her opinion has no merit, to present to the Court his
or her grounds for not pursuing the Appeal. Such counsel
must state in writing a brief supporting that counsel's
reasoning. (This is now known as an Anders Brief.)
I must confess that 1967 was not my favorite year,
however, what a year it was!
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