Justice Frankfurter took no part in the decision of this case.
Justice Frankfurter once made the ironic comment, "I always wanted my students to think for themselves, but Brennan goes too far."
Justice Frankfurter concurred in the Court's opinion with one exception.
No specific words in the Constitution gave an easy answer, but that did not end Justice Frankfurter's sense of his duty.
Justice Frankfurter, who indicated that he had been a "victim" of the playing of music on the transit system, did not participate in the case.
Justice Frankfurter noted that the Court had jurisdiction as a constitutional issue had been raised.
Justice Frankfurter wrote a bitter dissent for a three-member minority.
On that basis, Justice Frankfurter rejected most of the appellants' claims.
The Court, through Justice Frankfurter, made the government pay the diminution in the going concern value of the business.
Justice Frankfurter conceded, arguendo, that such circumstances do not arise in the normal taking of a fee interest.