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The phrase "maintained his commitment to racial equality" is not POV. It is something which is true or false. Do you have an encyclopedic source that states that Black was not committed to racial equality in the 1960s? The general opinion is that he was. My main objection is that you are calling things POV which really are not, even though I think most of your edits when you called the earlier text POV are OK. The latest edit again added redundant material to the article, about Korematsu, that did not make too much sense in relation to Harper, and removed accurate material (these --> this) concerning his philosophy, the topic of this section. So I am (mainly) reverting, with a little modification. John Z 19:08, 9 September 2005 (UTC)
Why is the Klan mentioned in Black's introduction? It seems like an attempt to persuade readers to adopt a particular stance before reading the whole of the issue. It was never much of an issue and while the controversy over it should be included in the article (as it is since it has its own section dedicated to it), it's unclear why the introductory material that cites the most noteworthy of information about Black would include this info except as a smear.
Black was known for being a Supreme Court Justice and his theories on the law that defied the traditional wisdom of the time. He's not known for being a Klan member. It would be like writing an introductory paragraph on President Bush that basically said (in more words): "President George W. Bush was the 43rd President of the United States. The terrorist attack on the World Trade Center towers and the Iraqi War were two major issues he faced during his Presidency. Some have accused him of doing cocaine when he was young." I can't see how the introductory here is any different. Sure, it's relevant, but it's not so important as to deserve to be in the introduction and the fact that it is gives the impression that someone is trying to persuade you to adopt their POV. -- Jakob Huneycutt 17:33, 10 November 2005 (UTC)
The Klan is mentioned in the intro as it is a noteworthy and infamous event in Black's career. Nor is it simply "alleged" - Black's Klan membership was fully documented. It was also a major source of controversy during his own lifetime and caused a scandal after his supreme court nomination. Also, as the article documents, Black's committment to civil rights on the court was NOT as clear cut as some have suggested. He voted pro-civil rights on some cases but anti civil rights on others, such as Korematsu and the poll tax case. You may be a fan of Black, and that is fine, but NPOV dictates that we present Black with warts and all. Rangerdude 19:42, 10 November 2005 (UTC)
I appreciate Lord E.'s hard work on the Hugo Black article, but his edits have created some serious problems. First, the ordering of Black's beliefs as relating to specific provisions of the Bill of Rights as the actually appear in the Bill of Rights is completely arbitrary. Black's civil rights record needs to be treated separately in the article. Frankly, the old structure, which treated the issues in a sort of chronological order (civil rights first, then incorporation, then free speech during the McCarthy era, his rejection of "right of privacy" in the 1960s, etc.) was superior because Black's emphasis, if not his actual views, changed over time and also because the new structure is utterly arbitrary. I disagree strongly with some sections where Lord E. attempts to describe Black's record as inconsistent, incidentally; I don't think that it is true that his lack of support for extending the Fourth Amendment or "right of privacy" renders his jurisprudence less absolute than he claimed. And I don't agree with many of Lord E.'s deletions of content; for example, Chambers v. Florida was the first indication that this ex-Klansman was not actually racially prejudiced on the bench. I am not going to keep playing revert games, however, so a response is necessary. Please Don't BlockPlease Don't Block
I've responded on your talk page. Emsworth
Because the comments I quote below caused the featured article nomination to fail (a nomination, I want to emphasize, in which I wasn't involved), they need to be dealt with before editing can proceed in earnest. Unfortunately, however, some of the objections to the nomination are simply wrong. Thus, I think it's important to tease out which of the objections are sensible and which miss the mark. The objections are in block quotes and my responses are labeled "response". Hydriotaphia 02:53, 16 March 2006 (UTC)
:*Any article about Hugo Black which does not mention Gideon v. Wainwright is only pretending to be his biography, he carried the day on no more important case on SCOTUS.
:*The discussion of federalism is incoherent because no one involved in writing the article understood the distinction between cases involving the reach of federal power, as in the Commerce Clause cases like Wickard, and cases involving federalism, the balance between federal and state power.
:*The commentary on incorporation is often incorrect, since the Sixth Amendment has not been incorporated unless cases like Apodaca v. Oregon which differentiate constitutional limits on state and federal criminal procedure were reversed without being noticed by the legal community.
:*The discussion of substantive due process is utterly inept and unsurprisingly cites no sources beyond quoting Black opinions on points they hardly support
:* Most of the discussion of Black's jurisprudence is forbidden original research, no legal commentaries are cited and the references are almost all general biographies, not technical works, instead the authors give their own interpretations of Court decisions and Justices' opinions
:* If "most members" of the Court rejected Black's view that defamation laws were unconstitutional for abridging "freedom of speech," how do the authors explain NY Times v Sullivan, where the Court gutted defamation laws as abridging freedoms of speech/press, Black's view generally shared, though most others not so absolutist as he was -- as in related areas.
:*The idea that Black and Harlan were ideological opponents is ungodly silly, they had philosophical differences but shared core values
:*Black's contributions are discussed only to constitutional law, but he was influential in other important areas like antitrust law, which are ignored. Judge Magney
In the second paragraph it states "The second longest-serving justice in Supreme Court history, (after William O. Douglas)..." According to http://en.wikipedia.org/wiki/List_of_U.S._Supreme_Court_Justices_by_time_in_office Black is the fourth longest serving Justice. (Anonymous User) June 3, 2006 Insert non-formatted text here
Hugo Black joined the decision Palko v. Connecticut that denied incorporation of protection against double jeopardy, so he later changed his mind and advocated incorporation of the entire Bill of Rights? Wooyi Talk, Editor review 14:37, 15 April 2007 (UTC)
I was just reading a new paper on the economics of the 1920s Klan by Steven Levitt and Roland G. Fryer Jr, Hatred and Profits: Getting Under the Hood of the Ku Klux Klan which mentions:
In Alabama, it [the Klan] ended the career of veteran Senator Oscar Underwood, whom it
denounced as the “Jew, jug, and Jesuit candidate,” and replaced him with Hugo Black, who
accepted an engraved life membership in the KKK (Morison 1980).
The Morison reference is to: Morison, Samuel, Commager, Henry, and Leuchtenburg, William. The Growth of the American Republic. 1980. Oxford: Oxford University Press.
I hesitate to include the "lifetime membership" bit in the article without having run down and reviewed that citation, which I know I won't have time to do. If anyone else has the time, have at it... Studerby 22:15, 18 September 2007 (UTC)
This article has been reviewed as part of Wikipedia:WikiProject Good articles/Project quality task force in an effort to ensure all listed Good articles continue to meet the Good article criteria. In reviewing the article, I have found there are some issues that may need to be addressed.
1) This article needs better citations. I put appropriate tugs throughout it.
2) Wikilinks for non-existant articles (which are red) should be removed.
I will check back in no less than seven days. If progress is being made and issues are addressed, the article will remain listed as a Good article. Otherwise, it may be delisted (such a decision may be challenged through WP:GAR). If improved after it has been delisted, it may be nominated at WP:GAN. Feel free to drop a message on my talk page if you have any questions, and many thanks for all the hard work that has gone into this article thus far. Regards, Ruslik 07:10, 23 October 2007 (UTC)
Since nobody seems to be interested in this article I will delist it. Ruslik 08:36, 30 October 2007 (UTC)
He is noted as the author of one of the references. There is a wiki link, but it leads to a disambiguation page, and I don't know if this is Jr. or Sr. This needs to be fixed. 7&6=thirteen ( talk) 18:44, 29 April 2008 (UTC) Stan
I put it into the article at its first appearance in the body. There is a second appearance which also has a wiki link, and I am not sure whether it should be left there. Just calling the issue to your attention. I know that there are a lot of people who have worked on this article, and I am trying to be respectful of your viewpoints. Thanks. 7&6=thirteen ( talk) 13:05, 30 April 2008 (UTC) Stan
If any further uncited sentences are added to Black's article, I will personally remove them, as I have spent a lot of time citing everything to date. RafaelRGarcia ( talk) 01:04, 2 September 2008 (UTC)
Works related to Works by Hugo Black at Wikisource 7&6=thirteen ( talk) 11:16, 9 September 2008 (UTC) Stan
A subpage at Hugo Lafayette Black/fjc was automatically created by a perl script, based on this article at the Biographical Directory of Federal Judges. The subpage should either be merged into this article, or moved and disambiguated. Polbot ( talk) 13:43, 4 March 2009 (UTC)
With regard to Black's KKK membership, his role in the defense of a fellow Klansman for the murder of James Coyle would seem to warrant inclusion here.
The sidebar links to the University of Birmingham Medical School in the UK. Whatever medical school existed in Birmingham then likely has no contemporary successor, as the forerunner of the UAB School of Medicine was then located in Mobile. Moioci ( talk) 02:27, 24 March 2009 (UTC)
This, from New York Times Co. v. United States, 403 U.S. 713, 714 (1971).:
In the First Amendment the Founding Fathers gave the free press the protection it must have to fulfill its essential role in our democracy. The press was to serve the governed, not the governors. The Government's power to censor the press was abolished so that the press would remain forever free to censure the Government. The press was protected so that it could bare the secrets of government and inform the people. Only a free and unrestrained press can effectively expose deception in government.
— New York Times Co. v. United States, 403 U.S. 713, 714 (1971).
I would propose to include this short sentence somewhere in the article.
Picodoro (
talk) 04:29, 25 May 2010 (UTC)
This section needs work:
The first sentence is a weasel (some have seen) which, although probably true, is thinly supported. Secondly, I can find no support for the notion that "Black insisted that judges rely on the intent of the Framers". As a textualist, his focus was on the plain meaning of the Constitutions words. One would assume that if he were an originalist he would object to references to intent as being unknowable and irrelevant. At the very least this assertion needs a cite. Then we come to this: "But, unlike modern rightist originalists, Black called for judicial restraint not usually seen in Court decision-making." Seriously unencyclopedic and reeks POV. It is also wrong. Judicial restraint, as the term was originally coined, refers to the notion that legitimate jurisprudence requires judges to stay within the confines of Marbury, i.e using the plain meaning of the Constitution to "say what the law is". Thus all originalists whether conservative or liberal are by definition advocates of judicial restraint. Recently the left has attempted to co-opt the term to mean blind adherence to precedent which has nothing to do with originalist/living constitutionalist argument.
The next sentence "The justices of the Court would validate the supremacy of the legislature in public policy-making, unless the legislature was denying people constitutional freedoms." is a non sequitur.
This whole section is without merit and should be rewritten or deleted.
for the sake of history, this has to do with this and surrounding edits
you all want to discuss this? my feeling right now is that the whole quote is dreiser quoting hamburger, not dreiser saying anything of his own, and that if we're going to discuss whether the quote belongs in the article, we ought to get the actual quote from hamburger and discuss that. dreiser didn't write a major book from harvard, he writes for the heritage foundation. i'm assuming hamburger is the one who published with harvard. let's move the discussion to hamburger away from dreiser maybe? we have no way of telling from this quote within a quote what weight the guy who writes for harvard puts on anything. maybe dreiser is just cherry-picking nasty stuff out of hamburger. not only that, but it seems to me from what i can reconstruct of dreiser's collage of hamburger, that much of that material doesn't belong in the first amendment section, since it doesn't have to do with *what* black thought about the 1st, but why he thought it. what bothers me about the inclusion of the material is that quoting per se at such length does seem to give undue weight compared to the rest of the material. i suppose that what i'd like to see is: the actual material from hamburger, cited to hamburger, described briefly rather than quoted at length. discuss? — alf.laylah.wa.laylah ( talk) 13:59, 28 August 2011 (UTC)
good lord, friend, there's no need to tell me i need to do anything immediately, or even eventually. i didn't erase anything at all from the article, and i neither like nor dislike the material. i just want to talk about it, ok? (by the way, the guy's name is dreisbach? it's listed in the reference as dreiser.) my personal feeling is that the material ought to be left in, but that we don't need to quote dreis* quoting hamburger because hamburger's the one talking. does that really seem so unreasonable? dreis* quoting hamburger seems to make dreis* a tertiary source in this context, as reliable a source as he himself may well be (and i don't think that i suggested that he wasn't). i won't be near a real library for a week-ish, but i'll get the book then, and if no one's done it before me, i'll read it and propose something to my liking. until then, why, i don't mind at all if the criticism section stays in, ok? — alf.laylah.wa.laylah ( talk) 18:06, 28 August 2011 (UTC)
my feeling is that this paragraph is starting to show undue weight towards black's anticatholic feelings. my feeling is also that the number of sources mentioning it doesn't justify citing each and every one. it's like the fact that thomas jefferson cut and pasted a bible together to bolster his deism. it's true, it's in every biography of jefferson ever written, and yet to write a huge long paragraph in the article on jefferson citing every possible source would clearly constitute giving undue weight to the issue. i think that it's possible that the same thing might be happening here, although, as i keep saying, i can't check for myself right now, although i will be able to soon. the issue is not "defending" black, here, but placing the appropriate amount of emphasis on the issue. it's obvious to me that if people are writing about black's negative feelings (hatred, distaste, whatever) towards catholics, it needs to go into the article, but it seems wildly inappropriate to list everyone who's ever mentioned it if they don't have anything new to say about it. — alf.laylah.wa.laylah ( talk) 15:11, 3 September 2011 (UTC)
i think that possibly the other editors mean, as i can see now that i did although i didn't say it clearly by any means, by "undue weight", not referring to the fact that black was anticatholic, but that his anticatholicism was a major influence on his church/state decisions. you are right that it is not a minority view that he was anticatholic, seeing as he was in the klan and stuff. res ipsa loquitur and so forth. the view that that caused his stance on church/state does in fact seem to me to be a minority viewpoint, although clearly one worthy of inclusion. also, i think it was three editors, because i also would like to see a rewrite, mainly because there seems to be no reason to feature quotes about what hamburger says about black when we can read hamburger and figure out for ourselves what he says about black. i will try to propose something here within the next few days unless someone beats me to it. — alf.laylah.wa.laylah ( talk) 04:06, 5 September 2011 (UTC)
One editor is erasing solid information he calls "undue". He misunderstands the WP rules. "Undue" is a technical term meaning excessive weight to a minority viewpoint. ( WP:Undue Neutrality requires that each article or other page in the mainspace fairly represents all significant viewpoints that have been published by reliable sources, in proportion to the prominence of each viewpoint. Giving due weight and avoiding giving undue weight means that articles should not give minority views as much of or as detailed a description as more widely held views.) The viewpoint that Black was strongly anti-Catholic is affirmed by a majority of scholars and disputed hardly at all. Therefore it has to be given greater weight. If there are alternative viewpoints to the effect that Black's anticatholicism did not affect his decisions, they should be included. So far no editor has included any. Professors at a university or law school writing in their expertise are considered RS, even if an editor dislikes their opinions. Philip Hamburger holds an endowed chair at Columbia Law School, and before that an endowed chair at the U of Chicago Law School--that that is pretty distinguished in the world of legal scholarship. Jay Sekulow, has published a major book by a leading publisher Witnessing their faith: religious influence on Supreme Court justices and their Opinions (Rowman & Littlefield, 2006) which entitles him to RS status unless very strong evidence to the contrary is presented. His views accord with the Black biographers. ArtifexMayhem has no sources to back up his personal viewpoints, which are merely POV Rjensen ( talk) 15:21, 10 September 2011 (UTC)
i propose that we create two new sections here, one for discussion of the kkk and anticatholicism section of the article, and one for discussion of the separation of church and state section. the discussion is getting too diffuse for me to follow otherwise. perhaps my fellow editors will join me in accepting this method? if not, well, we can keep on adding to other sections. i'm only creating one on the kkk and anticatholicism section of the article right this second, because that's the only one i have a comment on. — alf.laylah.wa.laylah ( talk) 17:15, 10 September 2011 (UTC)
i believe that we ought to change this paragraph as i've indicated with strikethroughs to indicate deletions:
Scholars and biographers have recently examined Black's religious views. Kersch (2004) calls Black "staunchly anti-Catholic." Ball (1996) finds regarding the Klan that Black "sympathized with the group's economic, nativist, and anti-Catholic beliefs." Newman (1997) says he "disliked the Catholic Church as an institution" and gave numerous anti-Catholic speeches in his 1926 election campaign to KKK meetings across Alabama.
the reason i'd like to drop the kersch quote is that kersch is summarizing hamburger, and hamburger (p.424n77) says that he "draws substantially from the work of Howard Ball and especially Roger K. Newman". Thus Kersch citing Hamburger citing Newman and Ball doesn't add anything to the citations to Newman and Ball. Kersch is not an additional voice, independently noting that Black was anticatholic. Anyway, I don't think that anyone disputes that Black was anticatholic. Do any of the editors involved in this discussion dispute that? (I'd like to drop the years because they're redundant given the footnotes, and it bothers me aesthetically). — alf.laylah.wa.laylah ( talk) 17:25, 10 September 2011 (UTC)
Mark McGarvie (#1), not a graduate student btw, sheds some light on why Hamburger's argument is not shared in the scholarly community (emphasis mine)...
Hamburger's proof of his major thesis concerning anti-Catholicism is no more convincing than that offered in support of his premise. His "anti-Catholicism" argument appears in chapter 8, with proof limited to lengthy references to New York and a more general discussion of New England. To be sure, as Hamburger shows, the historical evidence of the latter half of the nineteenth century abounds with disparaging comments aimed at Catholics, but these alone do not persuade the reader that anti-Catholicism forced a reconsideration of the meaning of religious freedom. Hamburger further asserts that anti-Catholicism was so strong that it united not only Protestants of different denominations, but also racist nativists and polarized extremists, such as the Ku Klux Klan and liberal atheists. In this, Hamburger may be attempting an argument paralleling one made by Edmund S. Morgan to explain a different time and place: that antebellum white southerners defined "blackness" in such a way as to unite all non-black people, despite their great differences in wealth, attitudes, and beliefs, into a white citizenry that supported slavery.[5] And yet Morgan mounted massive proof of his historical actors' thoughts, motivations, and concerns to support his conclusion--all of which are lacking in Hamburger's study.
Hamburger asserts further that, by the 1930s, the public's new perception of religious liberty as including the separation of church and state forced itself upon a Supreme Court that acceded to the pervasive "culture of Americanism." He concludes that, in its expansive reading of the Fourteenth Amendment to prevent states from legislating in matters of religion, the Court "drew upon a context that had little connection to the Fourteenth Amendment, that was as much cultural as it was legal, and that concerned religion more than race" (p. 439). The Court's adoption of bifurcated review was probably more a matter of political and social expediency than one of well-reasoned analysis of the Constitution. Yet Hamburger's summary of the Justices' thought processes renders them mere puppets of public opinion. This view of the Justices pales by comparison with that offered in G. Edward White's The Constitution and the New Deal, which provides a thorough and enlightening discussion of this important and controversial period of American legal and constitutional history.[6] Once again, Hamburger's assertion that the federal courts imposed a doctrine of separation of church and state on the states in the twentieth century misses the important state-by-state process of religious disestablishment that occurred from 1776 to 1833.
- Mark McGarvie (Adjunct Professor of History, University of Richmond, and Golieb Fellow in Legal History, New York University School of Law, 2001-2002)
All three of these sources speak extensively on the anti-Catholicism of the time, Laycock does mention Black, and its relationship with the Court's decisions on church and state. They do not support Hamburger's claim that separation of church and state is a figment of Black's anti-Catholicism but rather is found in the Bill of Rights and applied to the states via the Fourteenth amendment. - ArtifexMayhem ( talk) 23:08, 15 September 2011 (UTC)
OK, how about this for a first step? can we maybe just remove the christianity today paragraph? it's from what's essentially a review of hamburger's book, and yet it's described as being an independent source of hamburger's thesis. this is inaccurate and misleading, esp the word "editorialized". if we get around to agreeing on material about hamburger's thesis, perhaps we can include something from this review which goes towards the position that other people agree with hamburger to balance out material on the fact that a bunch of people do not agree with hamburger, but as it stands, i don't think that there's a place in the section for it. — alf.laylah.wa.laylah ( talk) 23:27, 10 September 2011 (UTC)
Hugo was, as he said, an inveterate "jiner." Getting out and meeting people, he felt, was the best way for a lawyer to acquire new clients; it is conceivable that becoming acquainted with possible jurors was among the reasons he joined the Klan. He was already a member of many fraternal orders among them the Knights of Pythias (he was State Grand Chancellor in 1921, he recruited one thousand new members for his lodge, and he served as Supreme Representative to the Supreme Lodge); Masonsthe Blue Lodge and the Scottish and York Rite Masons (he joined the Zamora Temple in 1909 and became a lodge officer and, ultimately, a 33rd-degree mason); Odd Fellows; Woodmen of the World; Red men. Eagles; Shriners; Dokies; Civitan Club (founded in Birmingham in 1917; he was president of the Mother Club in 1922); Moose (which he later regretted joining, and joined only because its head came to his office and asked him; "I couldn't turn him down"); Pretorians (from which he bought insurance, "pretty cheap too." he recalled); and the American Legion (as was Josephine, also a veteran). "I made friends in all these organizations. I would have joined the B'nai B'Rith [or Knights of Columbus, changing the group to match what he felt was the inquirer's religious affiliation], if they would've let me in." Certainly he hoped to expand his circle of friends in the Klan.
But there were other, more compelling considerations. The Klan controlled the voting machinery in practically every county in Alabama. By 1923 government in Jefferson County had become virtually a wholly owned subsidiary of the Invisible Empire. Klansmen accounted for 15,000 of Birmingham's 32,000 registered voters - nearly half. It was simply a fact of Alabama politics that no candidate could be elected without the hooded order's support or, at the minimum, its non-opposition.
Many years later, while relaxing between sets of tennis, a friend, Marilew Kogan, asked Black, " 'Why did you join the Klan.' You never believed in what they were doing.' I put it to him bluntly so he had to answer," she recalled. "A look of contrition came over his face and he almost appeared to be in real physical pain. He put his head down and shook it from side to side. Finally he said, 'It was a mistake. But I had to do it. I just had to.' " "I would have joined any group if it helped me get votes," he told another friend.
The same question arose shortly before, in early 1958, while lunching with a group of law clerks. After the usual small talk about cases, one clerk suddenly asked, "Mr. Justice, why did you join the Klan?" "There was complete silence," another clerk recalled. "It was eerie. We just stared straight ahead. Those few seconds seemed like hours. Then Black laughed and drawled, "Why, son, if you wanted to be elected to the Senate in Alabama in the 1920s, you'd join the Klan too.' ". —Newman, pg. 99,100
I think the KKK section should talk about how it was very strong in Alabama (1920's) at the time and around the whole country to give people more an idea of why he joined it. You couldn't be elected in certain states unless you were in or endorsed by the Klan. And at that time, the Klan was mainstream and accepted in lots of states. — Preceding unsigned comment added by 98.15.193.181 ( talk) 05:45, 12 January 2013 (UTC)
Black's dissent In re Anastaplo "would immortalize Anastaplo", exclaimed Justice Brennan upon reading it. It was read, by Black's own instructions, at Black's funeral service.
The new article George Anastaplo deserves reading and improvement, particularly by those with books or articles on Black. Kiefer .Wolfowitz 11:18, 20 July 2013 (UTC)
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Subject to further discussion, I'm going to move the section about KKK and anti-Catholicism to later in the article. It's the sort of material that usually falls under a "controversies" heading, and those headings typically follow sections discussing the person's major life achievements. His Klan participation is significant because he was a Senator and Justice, not the other way around. Nor is the section's placement entirely justified by chronology, because it jumps around throughout his career. Reading through the Talk, there seems to have been a lot of discussion about the length and substance of the Klan materials being disproportionate. I tend to agree, but that's another issue. John2510 ( talk) 16:27, 27 January 2017 (UTC)
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I added a small line at the end of the section regarding "Anti-Catholicism" referencing Black's enthusiasm for what Blanshard wrote in his books. As one of his sons noted: [4] [5]
The Ku Klux Klan and Daddy, so far as I could tell, had one thing in common. He suspected the Catholic Church. He used to read all of Paul Blanshard's books exposing the power abuse in the Catholic Church. He thought the Pope and bishops had too much power and property. He resented the fact that rental property owned by the Church was not taxed; he felt they got most of their revenue from the poor and did not return enough of it.
Progressingamerica ( talk) 16:24, 24 October 2020 (UTC)
Noah Feldman has described Justice Black as one of the creators of originalism. Should thus be added to his page? 3Kingdoms ( talk) 23:14, 23 November 2020 (UTC)
This article (listed in 2008) has been sitting on the "articles needing possible reassessment" list for over a year, and I think there's a good case to be made that it no longer meets the criteria. The primary issue is criterion 2B, which requires inline cites for all statements likely to be challenged. This article has a full two dozen "citation needed" templates, and it appears that most of them are indeed valid. For instance, clear statements of opinion like "Black's most prominent ideological opponent on the Warren Court was John Marshall Harlan II" are completely unsourced, and there are no citations for the paragraph on Brown v. Board of Education. These are just a few examples; there are a number of additional places where sourcing is required by the good article criteria. In sum, this article does not meet the modern GA criteria. Extraordinary Writ ( talk) 04:57, 17 February 2021 (UTC)
Hugo Black was one of the Social sciences and society good articles, but it has been removed from the list. There are suggestions below for improving the article to meet the good article criteria. Once these issues have been addressed, the article can be renominated. Editors may also seek a reassessment of the decision if they believe there was a mistake. | |||||||||||||||||||||||||||||||
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The phrase "maintained his commitment to racial equality" is not POV. It is something which is true or false. Do you have an encyclopedic source that states that Black was not committed to racial equality in the 1960s? The general opinion is that he was. My main objection is that you are calling things POV which really are not, even though I think most of your edits when you called the earlier text POV are OK. The latest edit again added redundant material to the article, about Korematsu, that did not make too much sense in relation to Harper, and removed accurate material (these --> this) concerning his philosophy, the topic of this section. So I am (mainly) reverting, with a little modification. John Z 19:08, 9 September 2005 (UTC)
Why is the Klan mentioned in Black's introduction? It seems like an attempt to persuade readers to adopt a particular stance before reading the whole of the issue. It was never much of an issue and while the controversy over it should be included in the article (as it is since it has its own section dedicated to it), it's unclear why the introductory material that cites the most noteworthy of information about Black would include this info except as a smear.
Black was known for being a Supreme Court Justice and his theories on the law that defied the traditional wisdom of the time. He's not known for being a Klan member. It would be like writing an introductory paragraph on President Bush that basically said (in more words): "President George W. Bush was the 43rd President of the United States. The terrorist attack on the World Trade Center towers and the Iraqi War were two major issues he faced during his Presidency. Some have accused him of doing cocaine when he was young." I can't see how the introductory here is any different. Sure, it's relevant, but it's not so important as to deserve to be in the introduction and the fact that it is gives the impression that someone is trying to persuade you to adopt their POV. -- Jakob Huneycutt 17:33, 10 November 2005 (UTC)
The Klan is mentioned in the intro as it is a noteworthy and infamous event in Black's career. Nor is it simply "alleged" - Black's Klan membership was fully documented. It was also a major source of controversy during his own lifetime and caused a scandal after his supreme court nomination. Also, as the article documents, Black's committment to civil rights on the court was NOT as clear cut as some have suggested. He voted pro-civil rights on some cases but anti civil rights on others, such as Korematsu and the poll tax case. You may be a fan of Black, and that is fine, but NPOV dictates that we present Black with warts and all. Rangerdude 19:42, 10 November 2005 (UTC)
I appreciate Lord E.'s hard work on the Hugo Black article, but his edits have created some serious problems. First, the ordering of Black's beliefs as relating to specific provisions of the Bill of Rights as the actually appear in the Bill of Rights is completely arbitrary. Black's civil rights record needs to be treated separately in the article. Frankly, the old structure, which treated the issues in a sort of chronological order (civil rights first, then incorporation, then free speech during the McCarthy era, his rejection of "right of privacy" in the 1960s, etc.) was superior because Black's emphasis, if not his actual views, changed over time and also because the new structure is utterly arbitrary. I disagree strongly with some sections where Lord E. attempts to describe Black's record as inconsistent, incidentally; I don't think that it is true that his lack of support for extending the Fourth Amendment or "right of privacy" renders his jurisprudence less absolute than he claimed. And I don't agree with many of Lord E.'s deletions of content; for example, Chambers v. Florida was the first indication that this ex-Klansman was not actually racially prejudiced on the bench. I am not going to keep playing revert games, however, so a response is necessary. Please Don't BlockPlease Don't Block
I've responded on your talk page. Emsworth
Because the comments I quote below caused the featured article nomination to fail (a nomination, I want to emphasize, in which I wasn't involved), they need to be dealt with before editing can proceed in earnest. Unfortunately, however, some of the objections to the nomination are simply wrong. Thus, I think it's important to tease out which of the objections are sensible and which miss the mark. The objections are in block quotes and my responses are labeled "response". Hydriotaphia 02:53, 16 March 2006 (UTC)
:*Any article about Hugo Black which does not mention Gideon v. Wainwright is only pretending to be his biography, he carried the day on no more important case on SCOTUS.
:*The discussion of federalism is incoherent because no one involved in writing the article understood the distinction between cases involving the reach of federal power, as in the Commerce Clause cases like Wickard, and cases involving federalism, the balance between federal and state power.
:*The commentary on incorporation is often incorrect, since the Sixth Amendment has not been incorporated unless cases like Apodaca v. Oregon which differentiate constitutional limits on state and federal criminal procedure were reversed without being noticed by the legal community.
:*The discussion of substantive due process is utterly inept and unsurprisingly cites no sources beyond quoting Black opinions on points they hardly support
:* Most of the discussion of Black's jurisprudence is forbidden original research, no legal commentaries are cited and the references are almost all general biographies, not technical works, instead the authors give their own interpretations of Court decisions and Justices' opinions
:* If "most members" of the Court rejected Black's view that defamation laws were unconstitutional for abridging "freedom of speech," how do the authors explain NY Times v Sullivan, where the Court gutted defamation laws as abridging freedoms of speech/press, Black's view generally shared, though most others not so absolutist as he was -- as in related areas.
:*The idea that Black and Harlan were ideological opponents is ungodly silly, they had philosophical differences but shared core values
:*Black's contributions are discussed only to constitutional law, but he was influential in other important areas like antitrust law, which are ignored. Judge Magney
In the second paragraph it states "The second longest-serving justice in Supreme Court history, (after William O. Douglas)..." According to http://en.wikipedia.org/wiki/List_of_U.S._Supreme_Court_Justices_by_time_in_office Black is the fourth longest serving Justice. (Anonymous User) June 3, 2006 Insert non-formatted text here
Hugo Black joined the decision Palko v. Connecticut that denied incorporation of protection against double jeopardy, so he later changed his mind and advocated incorporation of the entire Bill of Rights? Wooyi Talk, Editor review 14:37, 15 April 2007 (UTC)
I was just reading a new paper on the economics of the 1920s Klan by Steven Levitt and Roland G. Fryer Jr, Hatred and Profits: Getting Under the Hood of the Ku Klux Klan which mentions:
In Alabama, it [the Klan] ended the career of veteran Senator Oscar Underwood, whom it
denounced as the “Jew, jug, and Jesuit candidate,” and replaced him with Hugo Black, who
accepted an engraved life membership in the KKK (Morison 1980).
The Morison reference is to: Morison, Samuel, Commager, Henry, and Leuchtenburg, William. The Growth of the American Republic. 1980. Oxford: Oxford University Press.
I hesitate to include the "lifetime membership" bit in the article without having run down and reviewed that citation, which I know I won't have time to do. If anyone else has the time, have at it... Studerby 22:15, 18 September 2007 (UTC)
This article has been reviewed as part of Wikipedia:WikiProject Good articles/Project quality task force in an effort to ensure all listed Good articles continue to meet the Good article criteria. In reviewing the article, I have found there are some issues that may need to be addressed.
1) This article needs better citations. I put appropriate tugs throughout it.
2) Wikilinks for non-existant articles (which are red) should be removed.
I will check back in no less than seven days. If progress is being made and issues are addressed, the article will remain listed as a Good article. Otherwise, it may be delisted (such a decision may be challenged through WP:GAR). If improved after it has been delisted, it may be nominated at WP:GAN. Feel free to drop a message on my talk page if you have any questions, and many thanks for all the hard work that has gone into this article thus far. Regards, Ruslik 07:10, 23 October 2007 (UTC)
Since nobody seems to be interested in this article I will delist it. Ruslik 08:36, 30 October 2007 (UTC)
He is noted as the author of one of the references. There is a wiki link, but it leads to a disambiguation page, and I don't know if this is Jr. or Sr. This needs to be fixed. 7&6=thirteen ( talk) 18:44, 29 April 2008 (UTC) Stan
I put it into the article at its first appearance in the body. There is a second appearance which also has a wiki link, and I am not sure whether it should be left there. Just calling the issue to your attention. I know that there are a lot of people who have worked on this article, and I am trying to be respectful of your viewpoints. Thanks. 7&6=thirteen ( talk) 13:05, 30 April 2008 (UTC) Stan
If any further uncited sentences are added to Black's article, I will personally remove them, as I have spent a lot of time citing everything to date. RafaelRGarcia ( talk) 01:04, 2 September 2008 (UTC)
Works related to Works by Hugo Black at Wikisource 7&6=thirteen ( talk) 11:16, 9 September 2008 (UTC) Stan
A subpage at Hugo Lafayette Black/fjc was automatically created by a perl script, based on this article at the Biographical Directory of Federal Judges. The subpage should either be merged into this article, or moved and disambiguated. Polbot ( talk) 13:43, 4 March 2009 (UTC)
With regard to Black's KKK membership, his role in the defense of a fellow Klansman for the murder of James Coyle would seem to warrant inclusion here.
The sidebar links to the University of Birmingham Medical School in the UK. Whatever medical school existed in Birmingham then likely has no contemporary successor, as the forerunner of the UAB School of Medicine was then located in Mobile. Moioci ( talk) 02:27, 24 March 2009 (UTC)
This, from New York Times Co. v. United States, 403 U.S. 713, 714 (1971).:
In the First Amendment the Founding Fathers gave the free press the protection it must have to fulfill its essential role in our democracy. The press was to serve the governed, not the governors. The Government's power to censor the press was abolished so that the press would remain forever free to censure the Government. The press was protected so that it could bare the secrets of government and inform the people. Only a free and unrestrained press can effectively expose deception in government.
— New York Times Co. v. United States, 403 U.S. 713, 714 (1971).
I would propose to include this short sentence somewhere in the article.
Picodoro (
talk) 04:29, 25 May 2010 (UTC)
This section needs work:
The first sentence is a weasel (some have seen) which, although probably true, is thinly supported. Secondly, I can find no support for the notion that "Black insisted that judges rely on the intent of the Framers". As a textualist, his focus was on the plain meaning of the Constitutions words. One would assume that if he were an originalist he would object to references to intent as being unknowable and irrelevant. At the very least this assertion needs a cite. Then we come to this: "But, unlike modern rightist originalists, Black called for judicial restraint not usually seen in Court decision-making." Seriously unencyclopedic and reeks POV. It is also wrong. Judicial restraint, as the term was originally coined, refers to the notion that legitimate jurisprudence requires judges to stay within the confines of Marbury, i.e using the plain meaning of the Constitution to "say what the law is". Thus all originalists whether conservative or liberal are by definition advocates of judicial restraint. Recently the left has attempted to co-opt the term to mean blind adherence to precedent which has nothing to do with originalist/living constitutionalist argument.
The next sentence "The justices of the Court would validate the supremacy of the legislature in public policy-making, unless the legislature was denying people constitutional freedoms." is a non sequitur.
This whole section is without merit and should be rewritten or deleted.
for the sake of history, this has to do with this and surrounding edits
you all want to discuss this? my feeling right now is that the whole quote is dreiser quoting hamburger, not dreiser saying anything of his own, and that if we're going to discuss whether the quote belongs in the article, we ought to get the actual quote from hamburger and discuss that. dreiser didn't write a major book from harvard, he writes for the heritage foundation. i'm assuming hamburger is the one who published with harvard. let's move the discussion to hamburger away from dreiser maybe? we have no way of telling from this quote within a quote what weight the guy who writes for harvard puts on anything. maybe dreiser is just cherry-picking nasty stuff out of hamburger. not only that, but it seems to me from what i can reconstruct of dreiser's collage of hamburger, that much of that material doesn't belong in the first amendment section, since it doesn't have to do with *what* black thought about the 1st, but why he thought it. what bothers me about the inclusion of the material is that quoting per se at such length does seem to give undue weight compared to the rest of the material. i suppose that what i'd like to see is: the actual material from hamburger, cited to hamburger, described briefly rather than quoted at length. discuss? — alf.laylah.wa.laylah ( talk) 13:59, 28 August 2011 (UTC)
good lord, friend, there's no need to tell me i need to do anything immediately, or even eventually. i didn't erase anything at all from the article, and i neither like nor dislike the material. i just want to talk about it, ok? (by the way, the guy's name is dreisbach? it's listed in the reference as dreiser.) my personal feeling is that the material ought to be left in, but that we don't need to quote dreis* quoting hamburger because hamburger's the one talking. does that really seem so unreasonable? dreis* quoting hamburger seems to make dreis* a tertiary source in this context, as reliable a source as he himself may well be (and i don't think that i suggested that he wasn't). i won't be near a real library for a week-ish, but i'll get the book then, and if no one's done it before me, i'll read it and propose something to my liking. until then, why, i don't mind at all if the criticism section stays in, ok? — alf.laylah.wa.laylah ( talk) 18:06, 28 August 2011 (UTC)
my feeling is that this paragraph is starting to show undue weight towards black's anticatholic feelings. my feeling is also that the number of sources mentioning it doesn't justify citing each and every one. it's like the fact that thomas jefferson cut and pasted a bible together to bolster his deism. it's true, it's in every biography of jefferson ever written, and yet to write a huge long paragraph in the article on jefferson citing every possible source would clearly constitute giving undue weight to the issue. i think that it's possible that the same thing might be happening here, although, as i keep saying, i can't check for myself right now, although i will be able to soon. the issue is not "defending" black, here, but placing the appropriate amount of emphasis on the issue. it's obvious to me that if people are writing about black's negative feelings (hatred, distaste, whatever) towards catholics, it needs to go into the article, but it seems wildly inappropriate to list everyone who's ever mentioned it if they don't have anything new to say about it. — alf.laylah.wa.laylah ( talk) 15:11, 3 September 2011 (UTC)
i think that possibly the other editors mean, as i can see now that i did although i didn't say it clearly by any means, by "undue weight", not referring to the fact that black was anticatholic, but that his anticatholicism was a major influence on his church/state decisions. you are right that it is not a minority view that he was anticatholic, seeing as he was in the klan and stuff. res ipsa loquitur and so forth. the view that that caused his stance on church/state does in fact seem to me to be a minority viewpoint, although clearly one worthy of inclusion. also, i think it was three editors, because i also would like to see a rewrite, mainly because there seems to be no reason to feature quotes about what hamburger says about black when we can read hamburger and figure out for ourselves what he says about black. i will try to propose something here within the next few days unless someone beats me to it. — alf.laylah.wa.laylah ( talk) 04:06, 5 September 2011 (UTC)
One editor is erasing solid information he calls "undue". He misunderstands the WP rules. "Undue" is a technical term meaning excessive weight to a minority viewpoint. ( WP:Undue Neutrality requires that each article or other page in the mainspace fairly represents all significant viewpoints that have been published by reliable sources, in proportion to the prominence of each viewpoint. Giving due weight and avoiding giving undue weight means that articles should not give minority views as much of or as detailed a description as more widely held views.) The viewpoint that Black was strongly anti-Catholic is affirmed by a majority of scholars and disputed hardly at all. Therefore it has to be given greater weight. If there are alternative viewpoints to the effect that Black's anticatholicism did not affect his decisions, they should be included. So far no editor has included any. Professors at a university or law school writing in their expertise are considered RS, even if an editor dislikes their opinions. Philip Hamburger holds an endowed chair at Columbia Law School, and before that an endowed chair at the U of Chicago Law School--that that is pretty distinguished in the world of legal scholarship. Jay Sekulow, has published a major book by a leading publisher Witnessing their faith: religious influence on Supreme Court justices and their Opinions (Rowman & Littlefield, 2006) which entitles him to RS status unless very strong evidence to the contrary is presented. His views accord with the Black biographers. ArtifexMayhem has no sources to back up his personal viewpoints, which are merely POV Rjensen ( talk) 15:21, 10 September 2011 (UTC)
i propose that we create two new sections here, one for discussion of the kkk and anticatholicism section of the article, and one for discussion of the separation of church and state section. the discussion is getting too diffuse for me to follow otherwise. perhaps my fellow editors will join me in accepting this method? if not, well, we can keep on adding to other sections. i'm only creating one on the kkk and anticatholicism section of the article right this second, because that's the only one i have a comment on. — alf.laylah.wa.laylah ( talk) 17:15, 10 September 2011 (UTC)
i believe that we ought to change this paragraph as i've indicated with strikethroughs to indicate deletions:
Scholars and biographers have recently examined Black's religious views. Kersch (2004) calls Black "staunchly anti-Catholic." Ball (1996) finds regarding the Klan that Black "sympathized with the group's economic, nativist, and anti-Catholic beliefs." Newman (1997) says he "disliked the Catholic Church as an institution" and gave numerous anti-Catholic speeches in his 1926 election campaign to KKK meetings across Alabama.
the reason i'd like to drop the kersch quote is that kersch is summarizing hamburger, and hamburger (p.424n77) says that he "draws substantially from the work of Howard Ball and especially Roger K. Newman". Thus Kersch citing Hamburger citing Newman and Ball doesn't add anything to the citations to Newman and Ball. Kersch is not an additional voice, independently noting that Black was anticatholic. Anyway, I don't think that anyone disputes that Black was anticatholic. Do any of the editors involved in this discussion dispute that? (I'd like to drop the years because they're redundant given the footnotes, and it bothers me aesthetically). — alf.laylah.wa.laylah ( talk) 17:25, 10 September 2011 (UTC)
Mark McGarvie (#1), not a graduate student btw, sheds some light on why Hamburger's argument is not shared in the scholarly community (emphasis mine)...
Hamburger's proof of his major thesis concerning anti-Catholicism is no more convincing than that offered in support of his premise. His "anti-Catholicism" argument appears in chapter 8, with proof limited to lengthy references to New York and a more general discussion of New England. To be sure, as Hamburger shows, the historical evidence of the latter half of the nineteenth century abounds with disparaging comments aimed at Catholics, but these alone do not persuade the reader that anti-Catholicism forced a reconsideration of the meaning of religious freedom. Hamburger further asserts that anti-Catholicism was so strong that it united not only Protestants of different denominations, but also racist nativists and polarized extremists, such as the Ku Klux Klan and liberal atheists. In this, Hamburger may be attempting an argument paralleling one made by Edmund S. Morgan to explain a different time and place: that antebellum white southerners defined "blackness" in such a way as to unite all non-black people, despite their great differences in wealth, attitudes, and beliefs, into a white citizenry that supported slavery.[5] And yet Morgan mounted massive proof of his historical actors' thoughts, motivations, and concerns to support his conclusion--all of which are lacking in Hamburger's study.
Hamburger asserts further that, by the 1930s, the public's new perception of religious liberty as including the separation of church and state forced itself upon a Supreme Court that acceded to the pervasive "culture of Americanism." He concludes that, in its expansive reading of the Fourteenth Amendment to prevent states from legislating in matters of religion, the Court "drew upon a context that had little connection to the Fourteenth Amendment, that was as much cultural as it was legal, and that concerned religion more than race" (p. 439). The Court's adoption of bifurcated review was probably more a matter of political and social expediency than one of well-reasoned analysis of the Constitution. Yet Hamburger's summary of the Justices' thought processes renders them mere puppets of public opinion. This view of the Justices pales by comparison with that offered in G. Edward White's The Constitution and the New Deal, which provides a thorough and enlightening discussion of this important and controversial period of American legal and constitutional history.[6] Once again, Hamburger's assertion that the federal courts imposed a doctrine of separation of church and state on the states in the twentieth century misses the important state-by-state process of religious disestablishment that occurred from 1776 to 1833.
- Mark McGarvie (Adjunct Professor of History, University of Richmond, and Golieb Fellow in Legal History, New York University School of Law, 2001-2002)
All three of these sources speak extensively on the anti-Catholicism of the time, Laycock does mention Black, and its relationship with the Court's decisions on church and state. They do not support Hamburger's claim that separation of church and state is a figment of Black's anti-Catholicism but rather is found in the Bill of Rights and applied to the states via the Fourteenth amendment. - ArtifexMayhem ( talk) 23:08, 15 September 2011 (UTC)
OK, how about this for a first step? can we maybe just remove the christianity today paragraph? it's from what's essentially a review of hamburger's book, and yet it's described as being an independent source of hamburger's thesis. this is inaccurate and misleading, esp the word "editorialized". if we get around to agreeing on material about hamburger's thesis, perhaps we can include something from this review which goes towards the position that other people agree with hamburger to balance out material on the fact that a bunch of people do not agree with hamburger, but as it stands, i don't think that there's a place in the section for it. — alf.laylah.wa.laylah ( talk) 23:27, 10 September 2011 (UTC)
Hugo was, as he said, an inveterate "jiner." Getting out and meeting people, he felt, was the best way for a lawyer to acquire new clients; it is conceivable that becoming acquainted with possible jurors was among the reasons he joined the Klan. He was already a member of many fraternal orders among them the Knights of Pythias (he was State Grand Chancellor in 1921, he recruited one thousand new members for his lodge, and he served as Supreme Representative to the Supreme Lodge); Masonsthe Blue Lodge and the Scottish and York Rite Masons (he joined the Zamora Temple in 1909 and became a lodge officer and, ultimately, a 33rd-degree mason); Odd Fellows; Woodmen of the World; Red men. Eagles; Shriners; Dokies; Civitan Club (founded in Birmingham in 1917; he was president of the Mother Club in 1922); Moose (which he later regretted joining, and joined only because its head came to his office and asked him; "I couldn't turn him down"); Pretorians (from which he bought insurance, "pretty cheap too." he recalled); and the American Legion (as was Josephine, also a veteran). "I made friends in all these organizations. I would have joined the B'nai B'Rith [or Knights of Columbus, changing the group to match what he felt was the inquirer's religious affiliation], if they would've let me in." Certainly he hoped to expand his circle of friends in the Klan.
But there were other, more compelling considerations. The Klan controlled the voting machinery in practically every county in Alabama. By 1923 government in Jefferson County had become virtually a wholly owned subsidiary of the Invisible Empire. Klansmen accounted for 15,000 of Birmingham's 32,000 registered voters - nearly half. It was simply a fact of Alabama politics that no candidate could be elected without the hooded order's support or, at the minimum, its non-opposition.
Many years later, while relaxing between sets of tennis, a friend, Marilew Kogan, asked Black, " 'Why did you join the Klan.' You never believed in what they were doing.' I put it to him bluntly so he had to answer," she recalled. "A look of contrition came over his face and he almost appeared to be in real physical pain. He put his head down and shook it from side to side. Finally he said, 'It was a mistake. But I had to do it. I just had to.' " "I would have joined any group if it helped me get votes," he told another friend.
The same question arose shortly before, in early 1958, while lunching with a group of law clerks. After the usual small talk about cases, one clerk suddenly asked, "Mr. Justice, why did you join the Klan?" "There was complete silence," another clerk recalled. "It was eerie. We just stared straight ahead. Those few seconds seemed like hours. Then Black laughed and drawled, "Why, son, if you wanted to be elected to the Senate in Alabama in the 1920s, you'd join the Klan too.' ". —Newman, pg. 99,100
I think the KKK section should talk about how it was very strong in Alabama (1920's) at the time and around the whole country to give people more an idea of why he joined it. You couldn't be elected in certain states unless you were in or endorsed by the Klan. And at that time, the Klan was mainstream and accepted in lots of states. — Preceding unsigned comment added by 98.15.193.181 ( talk) 05:45, 12 January 2013 (UTC)
Black's dissent In re Anastaplo "would immortalize Anastaplo", exclaimed Justice Brennan upon reading it. It was read, by Black's own instructions, at Black's funeral service.
The new article George Anastaplo deserves reading and improvement, particularly by those with books or articles on Black. Kiefer .Wolfowitz 11:18, 20 July 2013 (UTC)
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Subject to further discussion, I'm going to move the section about KKK and anti-Catholicism to later in the article. It's the sort of material that usually falls under a "controversies" heading, and those headings typically follow sections discussing the person's major life achievements. His Klan participation is significant because he was a Senator and Justice, not the other way around. Nor is the section's placement entirely justified by chronology, because it jumps around throughout his career. Reading through the Talk, there seems to have been a lot of discussion about the length and substance of the Klan materials being disproportionate. I tend to agree, but that's another issue. John2510 ( talk) 16:27, 27 January 2017 (UTC)
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Cheers.— InternetArchiveBot ( Report bug) 04:46, 12 May 2017 (UTC)
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Cheers.— InternetArchiveBot ( Report bug) 19:58, 3 July 2017 (UTC)
I added a small line at the end of the section regarding "Anti-Catholicism" referencing Black's enthusiasm for what Blanshard wrote in his books. As one of his sons noted: [4] [5]
The Ku Klux Klan and Daddy, so far as I could tell, had one thing in common. He suspected the Catholic Church. He used to read all of Paul Blanshard's books exposing the power abuse in the Catholic Church. He thought the Pope and bishops had too much power and property. He resented the fact that rental property owned by the Church was not taxed; he felt they got most of their revenue from the poor and did not return enough of it.
Progressingamerica ( talk) 16:24, 24 October 2020 (UTC)
Noah Feldman has described Justice Black as one of the creators of originalism. Should thus be added to his page? 3Kingdoms ( talk) 23:14, 23 November 2020 (UTC)
This article (listed in 2008) has been sitting on the "articles needing possible reassessment" list for over a year, and I think there's a good case to be made that it no longer meets the criteria. The primary issue is criterion 2B, which requires inline cites for all statements likely to be challenged. This article has a full two dozen "citation needed" templates, and it appears that most of them are indeed valid. For instance, clear statements of opinion like "Black's most prominent ideological opponent on the Warren Court was John Marshall Harlan II" are completely unsourced, and there are no citations for the paragraph on Brown v. Board of Education. These are just a few examples; there are a number of additional places where sourcing is required by the good article criteria. In sum, this article does not meet the modern GA criteria. Extraordinary Writ ( talk) 04:57, 17 February 2021 (UTC)