Also known as: vociferation · vociferations · hue and cry · clamor
Written by attorneys · grounded in primary & secondary sources — see below
A historical common-law outcry that citizens were expected to raise upon discovering a crime. The outcry triggered a duty on the part of the community to pursue the suspect and assist in the capture.
Select any source to read its text and confirm it supports the definition.
Clarence supporters sent over ten thousand messages to the assigned judge demanding that an arbitration award be vacated and threatening a prolonged fan boycott if the suspension stood. The judge had previously ruled against public sentiment in similar commercial disputes. The judge decided the motion by applying the narrow legal standard for vacating awards without regard to the volume of messages or threats of lost revenue.
A state statute required newspapers to publish replies from political candidates they had criticized. The newspaper refused and argued that the requirement interfered with its editorial choices. The Court held that the statute violated the First Amendment because it compelled the newspaper to publish material it would otherwise reject.
The executive branch sought an injunction to prevent newspapers from publishing classified documents about the Vietnam War. The newspapers had obtained the documents from a source and intended to print excerpts. The Court refused the injunction because the government failed to meet the heavy burden required to justify prior restraint on speech.
A telephone answering service operator knew that some clients used the service to arrange illegal bets. The operator continued providing the service but took no active steps to further the betting operations. The court held that mere knowledge and continued provision of a lawful service did not establish the intent required for criminal liability as an aider and abettor.
Retailers were prosecuted for violating a state law that prohibited most commercial activity on Sunday. The retailers argued that the law had a religious purpose and therefore violated the Establishment Clause. The Court upheld the law because its present purpose was to provide a uniform day of rest rather than to advance religion.
A resident of the District of Columbia sought to register a handgun for self-defense in his home but was denied under a local law that effectively banned possession of operable handguns. The resident argued that the ban violated the Second Amendment. The Court held that the Second Amendment protects an individual's right to keep and bear arms for self-defense and struck down the ban.
No. The rule prohibits a judge from allowing public clamor or fear of criticism to sway the decision. A judge may proceed if the ruling rests solely on the evidence and governing legal standards, as shown when Judge Rivera ruled on eviction stays despite tenant protests and editorials.
A statement is improper when the judge links the intended ruling to the protests or fear of electoral consequences rather than to the evidence. Judge Navarro's comment that she could not afford to look soft and would choose the harshest plausible allocation because of the outcry violated the rule.
…very little to recommend them from the standpoint of public policy. Historically, the common law recognized a duty to raise the "hue and cry" and report felonies to the authorities.[^maj-34] Misprision of a felonythat is, the concealment of a felony "which a man knows, but never assented to . . . [so as to become] either…
…people whom they were selected to serve. Suppression of the right of the press to praise or criticize governmental agents and to clamor
…less of a danger to society, and perhaps the benefits of their suppression through the modern equivalent of the posse, the hue and cry
…557-558, we pointed out: "Concealment of crime has been condemned throughout our history. The citizen's duty to raise the "hue and cry
A consistent record of deciding cases contrary to popular opinion provides evidence that the judge is not swayed by the current campaign. In the Clarence arbitration case the judge's past rulings against public sentiment supported the conclusion that recusal was unnecessary despite the volume of messages.
Acknowledgment indicates influence when the judge expressly ties the rejection of a settlement to the risk of accusations of indifference that echo the public warnings. Judge Ellis's statement at the settlement hearing that approving the agreement might leave the court vulnerable to such accusations supported a finding of improper influence.
Yes. Such a statement reaffirms the duty to decide without regard to public opinion or political controversy. Judge Morales's response to a reporter that the motion would be decided solely on the pleadings and the law complied with the rule against being swayed by public clamor.