Poe v. Ullman (1960)
- Docket
- 60
- Decided
- 1960-01-01
- Category
- General
Summary
Question: Did the Connecticut law violate liberty protected by due process of the Fourteenth Amendment? Conclusion: The plurality opinion, authored by Justice Frankfurter, chose to dismiss the case because it involved the threatened and not actual application of the Connecticut law. Since there was no immediate injury, there was no standing to confer jurisdiction. In his dissent, Justice Douglas argued that the plaintiffs should not be forced to break the law to get this vital information, even though the statutes are not regularly enforced. Courts should not require an actual arrest or prosecution before they review the constitutional rights at issue. Justices Harlan II, Stewart, and Black all dissented in separate opinions. Justice Brennan concurred.