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Con Law II Ray

Widener Law Con Law II with Prof. Ray

QuestionAnswer
Ashcroft v. Free Speech Coalition Computer-generated images of children in porn No state interest in protecting children if there's no children involved in the making of the films However, there's a concern that allowing these images will just continue the desire for the real thing; ct
American Booksellers Ass'n v. Hudnut i. Ordinance defining porn as a practice that discriminates against women ii. Ordinance found unconstitutional iii. Doesn't need to be considered in the whole—"does not refer to the prurient interest, to offensiveness, or to the standards of the commun
Erznoznik v. Jacksonville Ct sustained a challenge to the facial validity of an ordinance prohibiting drive-in movie theatres with screens visible from public streets from showing films containing nudity City's interests: traffic safety, protect the unwilling observer Balance 1s
Renton v. Playtime Theatres Inc. i. Content neutral ii. Regulate the location of adult theatres by concentrating them rather than by dispersing them iii. Regulating secondary effects: designed to prevent crime, protect the city's retail trade, maintain property values, and generally pr
FCC v. Pacifica Foundation i. Carlin's 7 dirty words ii. Disclaimer provided before it was broadcast iii. Broadcast in the middle of the day iv. FCC issued declaratory order—attached a warning to the file for the station (patently offensive material)
Reno v. ACLU ii. The patently offensive display provision prohibits knowing sending or displaying of patently offensive messages in a manner that is available to a person under 18 years of age. iii. Ginsberg v. NY: upheld the constitutionality of a NY statute that p
VA Pharmacy Board v. VA Citizens Consumer Council a. VA law provided that pharmacists were guilty of "unprofessional conduct" if they advertised the prices of prescription drugs 1st A right to receive AND issue information question: whether speech which does no more than propose a commercial transact
Bigelow v. VA advertising the availability of abortions We noted that the advertisement did more than simply propose a commercial transaction. It contained factual material of clear public interest The ad related to activity w/ which, at least in some respects, the S
Central Hudson Gas v. Public Service Comm'n b. 4 part test: i. Lawful activity/not misleading—not an issue in this case ii. Substantial gov't interest—not an issue in this case A. Gov't has interest in preserving energy and lowering our country's reliance on energy iii. Reg. directly advances g
44 Liquormart Inc. v. RI: b. State interest: to limit drinking in the state c. Stevens (w/ Kennedy and Ginsburg): like VA Pharmacy b/c won't let them advertise price; we're mostly interested in making sure the speech isn't misleading; complete content ban; 1st A directs us to be
United States v. O'Brien a. Burning draft cards to protest the draft and to persuade others to reevaluate their views of the war and draft b. He knew he was doing something against the law c. During Vietnam War d. Violation of UMTSA—"knowingly destroying, knowingly mutilates"
Texas v. Johnson Flag Burning Next issue: O'Brien test should apply?—state must prove that the gov't interest is unrelated to free expression i. State says they want to prevent breach of peace; Ct says there's no evidence that Johnson had caused a big commotion; under
Members of City Council v. Taxpayers for Vincent C. LA passed a law preventing the placing of signs on public property D. Taxpayers wanted to put up signs for a political campaign on utility posts
Clark v. Community for Creative Non-Violence A. Group of people wanted to demonstrate for the homeless B. Regulation in park that didn't allow for demonstrators to sleep overnight
Widmar v. Vincent held that a state university that makes its facilities generally available for the activities of registered student groups may not constitutionally bar a group desiring to use the facilities for religious worship and discussion
Lamb's Chapel v. Center Moriches Union Free School Dist. A. Wanted to show videos about a psychologist who supports Christian values when raising a family B. Local school district policy that permitted public school facilities to be used after school hours for social, civic, and recreational purposes and by po
Good News Club v. Milford Central School B. held that when a government operates a "limited public forum," it may not discriminate against speech that takes place within that forum on the basis of the viewpoint it expresses—in this case, against religious speech engaged in by an evangelical Chri
Capitol Square Review Board v. Pinette KKK wanted to erect a Latin cross on Capitol Square --free speech issue rather than Est Clause issue; private speech whereas crèche in stairwell is public speech
Pleasant Grove City v Summum A. Utah city displayed permanently in a public park various privately donated symbols, including a 10 Commandments monument B. Summum wanted to put up a monument of the "Seven Aphorisms of Summum" D. SC unanimously rejected Summum's free speech challeng
Amalgated Food Employers v. Logan Valley Plaza A. Hold that a state trespass law couldn't be applied to enjoin peaceful union picketing of a supermarket in a privately owned shopping center C. "the shopping center here is clearly the functional equivalent of the business district of Chickasaw involve
Lloyd Corp v. Tanner A. Respondents sought to distribute handbills in the interior mall area of petitioner's large privately owned shopping center. B. In Logan Valley the 1st A activity—union picketing of a store—"was related to the shopping center's operations" and the store
Hudgens v. NLRB A. Involved labor picketing of a store in a private shopping center. The picketers were employees of a warehouse maintained by the store owner at a location outside of the shopping center. B. Stewart (majority): the constitutional guarantee of free expr
Tinker v. Des Moines Independent Community School District i. Black armband case—protesting Vietnam War ii. "it can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate
Board of Education v. Pico i. Removal of library books from school ii. Books found by conservative parents' organization iii. Brennan (majority): Students have right to receive information and ideas iv. Schools have right to control curriculum, which is different than right to
Bethel School District v. Fraser Student speech including sexual innuendos iii. Tinker doesn't apply b/c it's not political speech (which is protected), and the gov't is protecting younger children who were bewildered and embarrassed by the speech iv. Dissociation: schools have right t
Hazelwood School District v. Kuhlmeier i. School newspaper articles pulled about teen pregnancy and divorce's effect on students ii. School newspaper is NOT a public forum, but rather isn't and is actually a part of the school curriculum; if it was, then it would be protected
Morse v. Frederick Federick held up a big banner that said "BONG HiTS 4 JESUS" iv. Roberts said it was school speech—monitored by school teachers and administrators; faced the banner towards the school and that the cheerleaders and band were there; "this is plainly not a c
Pickering v. Board of Education ii. Marshall (majority): rejects proposition that teachers may constitutionally be compelled to relinquish the 1st A rights they would otherwise enjoy as citizens to comment on matters of public interest in connection with the operation of the public scho
Connick v. Myers ii. Ct held it wasn't questions about public concern like in Pickering, but rather it's mostly about private employment concerns with only 1 question addressing a matter of public concern
Rust v. Sullivan i. Doctors are allowed to provide information about carrying a pregnancy to term, but not about abortion ii. Dr's lose argument iii. Gov't is acting as benefactor (providing money to the doctor's employer) so it can control how money is spent; person (
Rosenberger v. Rector and Visitors of the University of VA ii. Case arose from a program at the University of VA in which mandatory student fees were used to pay the costs of extracurricular activities, including the cost of printing various student-edited publications iii. University refused to pay for printing
National Endowment for the Arts v. Finley ii. Ct upheld against facial challenge a 1990 amendment to the statutes authorizing arts grants by the National Endowment for the Arts (NEA) that required the Chairperson of the NEA to ensure that "artistic excellence and artistic merit are the criteria b
Near v. Minnesota The paper claimed that Jewish gangs were "practically ruling" the city along with the police chief, Frank W. Brunskill, who was accused of participation in political corruption. F. Public has right to know about newsworthy topic such as crime involving pu
NYT Co. v. US B. US sought to enjoin the NYT and Washington Post from publishing the contents of a classified study entitled "History of US Decision-Making Process on Viet Nam Policy"
Allegheny County v. American Civil Liberties Union i. Majority of the Court held unconstitutional a freestanding display of a nativity scene on the main staircase of a county courthouse ii. Unlike the display in the Lynch case, the Crèche belonged to a Catholic organization and wasn't surrounded by figur
McCreary County v. ACLU of Kentucky Series of 3 different Commandments displays that were changed
Van Orden v. Perry i. 17 monuments and 21 historical markers commemorating the "people, ideals, and events that compost Texan identity." The monolith challenged here stands 6-feet high and 3 feet wide. It's located to the north of the Capitol building, between the Capitol a
Zelman v. Simmons-Harris voucher program in Ohio to allow children attend schools outside their district if the school wanted to participate in the program; mostly religious schools wanted to participate
Stone v. Graham posting 10 Commandments in school classrooms b/c it's a religious, sacred text; lacked secular purpose
Elk Grove Unified School District v. Newdow "Under god" in pledge of allegiance; 9th Circuit said it was a violation of Est. Clause; noncustodial parent brought case on behalf of his daughter (didn't have standing to bring the case) but the mother could have brought the case; saying "under god" ref
Epperson v. Arkansas : law prohibited teaching of evolution; religious perspective is that theory of evolution is false so it was banned, but to ban it b/c it conflicts with a religious belief makes the law unconstitutional; found the law to be in conflict w/ the Est Clause m
Edwards v. Aguillard if you teach evolution or creationism, you must teach the other
National Socialist Party v. Skokie wanted to march in Skokie where there was a large population of Jewish people, as well as Holocaust survivors; wanted to wear Nazi uniforms while marching
Snyder v. Phelps Westboro Baptist Church protest military funerals with signs that allude that God is punishing our country for the actions of our Father claims IIED
Hustler Magazine v. Falwell Campari Liqueur parody ad suggesting his "1st time" was with his mother in an outhouse
Debs v. United States i. Speech given at a state convention of the Ohio Socialist Party encouraging obstruction of recruitment process and inciting insubordination Holmes says the main theme of speech was socialism
Abrams v. United States i. Russian immigrants are trying to advocate a strike to ammunition manufacture that would be used in Russia to attack Germans ii. Distribution of leaflets written in English and Yiddish calling for the stopping/strike of producing weapons and ammunition
Locke v. Davey i. Student studying devotional theology and was thus prohibited from receiving funds from Promise Scholarship Program after receiving the scholarship
US v. Lee Amish man who hired several Amish to work on his farm argued that he shouldn't have to pay the SS tax for his employees b/c the Amish believe it's a sin not to provide for their own elderly and they don't use the SS program; Ct said no exemption was avail
Wisconsin v. Yoder Amish family didn't want to send their daughter to school past 8th grade; strict scrutiny applied; state interest: in having to support Amish young adults who choose to leave their communities at age of 16, but who are not prepared for the outside world—t
Schenck v. United States a. Letters sent to men who were in the process of being drafted urging them to "assert their rights" by signing petition to repeal the Espionage Act Clear and present danger test
Frohwerk v. United States i. Justice Holmes again spoke for the Court in affirming convictions under the 1917 Act for conspiracy and attempt to cause disloyalty, mutiny and refusal of duty in the military and naval forces of the US—all on account of publishing and circulating 12 n
Whitney v. California Socialist Convention Criminal syndicalism: any doctrine or precept advocating, teaching, or aiding and abetting the commission of crime, sabotage, or unlawful acts of force and violence or unlawful methods of terrorism as a means of accomplishing a chang
Dennis v. United States Conspiracy to organize the Communist Party d. The damage which even an attempt to overthrow the Gov't, is so dangerous that it's impossible to measure the probability of its success
Brandenburg v. Ohio b. Appellant was leader of the KKK; convicted under the Ohio Criminal Syndicalism statute for advocating the duty, necessity, or propriety of crime, sabotage, violence, or unlawful methods of terrorism as a means of accomplishing industrial or political r
Chaplinsky v. NH a. called City Marshall a damned racketeer and a damned Fascist after he caused a public disturbance when he was giving a speech
Cantwell v. CT a. No breach of the peace, conviction not upheld b. He was arrested while proselytizing on the streets of New Haven
Cohen v. CA a. Wore "Fuck the Draft" jacket in the hallway of a court house b. No one reacted hostilely or aggressively when seeing his jacket
Feiner v. NY a. WWII veteran gave speech denouncing president, saying that AA's were oppressed, criticizes American Legion, etc. b. Ct upholds conviction—it's not about controlling content of the speech b/c Ct can't do that; the speech is political speech, but it ant
Edwards v. SC African-American high school and college students who peacefully assembled at the Zion Baptist Church in Columbia, South Carolina on March 2, 1961. The students marched in separate groups of roughly 15 to South Carolina State House grounds to peacefully e
Cox v. LA a. 23 students from a black college were arrested for picketing stores that maintained segregated lunch counters. The next day, Cox, an ordained minister, led about 2000 students in a peaceful march toward the courthouse in order to protest the jailing.
Kunz v. NY a. Ct reversed a conviction for violating a NYC ordinance which prohibited public worship meetings in the street w/o 1st obtaining a permit from the police commissioner. Kunz, a Baptist minister, was convicted for holding a meeting w/o a permit. 2 years e
Beauharnais v. Illinois b. organized the circulation of a leaflet that called on Chicago's white people to unite and warned that if "persuasion and the need to prevent the white race from becoming mongrelized by the negro will not unite us, then the aggressions, rapes, robberies
NYT v. Sullivan i. There were factual errors in an ad printed in NYT ii. Sullivan, a police commissioner, sued for libel iii. His name never appeared in the ad "clear and convincing evidence" that person acted in "actual malice"
Curtis Publishing Co. v. Butts i. He was an athletic director of University of GA and was deemed a public figure ii. Accused of fixing a football game iii. Trying to do something—"thrusting themselves into public eye" iv. Ruled in favor of Butts b/c the "information they disseminate
Associated Press v. Walker i. Retired general challenged an AP report that he had led a violent crowd in opposition to the enforcement of a desegregation decree at the University of Mississippi. ii. Ct was sharply divided in its reasoning; either way, the NYT rule was extended to
Time, Inc v. Hill play about kidnapping made it seem like it was very violent, when in reality it never was
RAV v. City of St. Paul RAV and other teens burned a cross inside the yard of an AA family
Wisconsin v. Mitchell watched "mississippi burning"; sentence can be increased based on race-based crime, because motive can always be taken into account; these ordinances target conduct and not speech and thus isn't undone by RAV
Watts v. US says that if he is drafted, he would rather shoot the president than his "black brothers"; Ct says it's more of a political statement and political hyperbole than it is an actual threat
VA v. Black vii. The Court struck down that statute to the extent that it considered cross burning as prima facie evidence of intent to intimidate. Such a provision, the Court argued, blurs the distinction between proscribable "threats of intimidation" and the Ku Klu
Roth v. United States; Alberts v. CA i. Convicted of mailing obscene advertising ii. Utterly w/o social importance iii. Material is obscene when it appeals to a prurient (material having a tendency to excite lustful thoughts) interest
Stanley v. GA i. Reversed a conviction for knowing "possession of obscene matter" Holding that the 1st A prohibits "making the private possession of obscene material a crime"
Miller v. CA 3 prong test: (i) whether the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest, (ii) whether the work depicts or describes, in a patently offensive way, sexual conduct
Paris Adult Theatre I v. Slaton i. Movies shown in an adult theatre; theatre was upfront about what it was showing and that there was an age limit ii. Burger (majority): public safety concern: notion that watching porn will lead to crime; we're elevated by good books and material, but
NY v. Ferber i. Ban child pornography of children 16 years of age and younger ii. No requirement that this material be obscene iii. State interest in protecting the psychological well-being of children iv. Chaplinksy—like libel, child pornography is completely outs
Ginsberg v. NY upheld the constitutionality of a NY statute that prohibited selling to minors under 17 years of age material that was considered obscene as to them even if not obscene as to adults
US v. Progressive DC issued an order enjoining a monthly magazine, from publishing technical material on hydrogen bomb design in an article B. "if when synthesized such info acquires the character of presenting immediate, direct and irreparable harm to the interests of th
Snepp v. US A. Question of further remedies against a former gov't employee who had agreed not to disclose confidential gov't info w/o authorization came before the Ct B. The CIA could have acted to protect substantial gov't interests by imposing reasonable restrict
Nebraska Press Ass'n v. Stuart A. Ct considered the permissibility of a prior restraint on the press imposed in the interest of protecting a criminal D's right to a fair trial before an impartial jury. The court reemphasized the high constitutional barriers to prior restraints and held
Minersville School Dist. v. Gobitis Ct sustained the flag salute/pledge of allegience requirement, finding no grounds for a free exercise exemption
WV State Bd. Of Educ. v. Barnette i. held that the Free Speech Clause of the First Amendment to the United States Constitution protected students from being forced to salute the American flag and say the Pledge of Allegiance in school. ---overturned Minersville
Wooley v. Maynard NH law requiring most cars to bear license plates carrying the state motto, "Live Free or Die"
Red Lion Broadcasting Co. v. FCC Ct upheld against 1st A challenge the FCC's "fairness doctrine" which required broadcast stations to provide free reply time for people subjected to personal attack on the air; The fairness doctrine and its specific manifestations in the personal attack a
Miami Herald Pub. Co. v. Tornillo Ct held unconstitutional Florida's "right of reply" law, which granted political candidates a right to equal space to reply to criticism and attacks on their record by a newspaper; Furthermore, the Court held the exercise of editorial judgment is a protec
Pruneyard Shopping Center v. Robins expressive activity not directly related to its commercial purposes, had excluded several high school students who sought to solicit signatures for a petition protesting a UN resolution against Zionism ii. State constitutional provisions which permit ppl
Pacific Gas and Elec. Co. [PG&E] v. Public Util. Comm'n [PUC]— i. Discrimination based on VP—only ppl opposed to PG&E can use the space, but not those who agree with them ii. The PUC held that PG&E had to allow a private advocacy group to use the extra space in billing envelopes four times a year to communicate w/ P
NAACP v. Alabama i. Alabama demanded that NAACP provide names and addresses of all of its Alabama members and agents ii. Ct views this as 1st A violation to right of freedom of association; if this were permissible, it would interfere w/ the "vital relationship to associ
Roberts v. US Jaycees i. Ct rejected an all-male organization's claim that a state antidiscrimination law infringed its freedom of association by requiring it to admit women
Boy Scouts of America v. Dale i. Ct upheld the 1st A expressive association right of the Boy Scouts to exclude an otherwise qualified scoutmaster on the ground that he had publicly disclosed his homosexuality
Rumsfeld v. Forum for Academic and Institutional Rights i. Ct found the Solomon Amendment didn't infringe any associational rights belonging to law school facilities ---ii. Unlike the public accommodations law in Dale, the Solomon Amendment doesn't force a law school to "accept members it doesn't desire"
Buckley v. Valeo Congress passed amendments to the FECA that were much stricter
Citizens United v. Federal Election Commission a. Nonprofit corp released a 90 minute documentary called Hillary about Senator Clinton that criticizes her b. Bipartisan Campaign Reform Act found partially unconstitutional
US v. Seeger left open question of whether he believed in Supreme Being when filling out his selective service form
Welsh v. US found an exemption appropriate even though he struck the word "religious" on his application;
Gillette v. US held that Congress could constitutionally refuse to exempt those who didn't oppose all wars but only particular conflicts; Ct isn't favoring one religion over another or participating in religious gerrymander, and conscientious objector status isn't guara
US v. Ballard "I AM" movement; whether they were sincere believers, NOT whether their beliefs are empirically true
McDaniel v. Paty Ct invalidated, under the Free Exercise Clause, a TN provision disqualifying clergy from being legislators or constitutional convention delegates
Church of the Lukumi Babalu Aye v. City of Hialeah Santeria religion was never actually mentioned when establishing provisions against animal slaughter which was main ritual involved in religion
Larson v. Valente reporting requirements for charitable solicitations soliciting more than 50% of their funds from nonmembers of the religion
Braunfield v. Brown Ct rejected a free exercise challenge to a PA Sunday Closing law.
Sherbert v. Verner i. Seventh Day Adventist who have Saturday Sabbath
Bob Jones Univeristy v. US rejected a free exercise challenge to IRS denials of tax-exempt status to 2 educational institutions that practiced racial discrimination in accordance w/ the religious beliefs upon which they were founded
Goldman v. Weignberger disciplined for wearing a yarmulke in violation of uniform dress regulations.
O'Lone v. Estate of Shabazz muslims challenged prison reg's relating to time and places of work which preventing them from a Friday midday prayer service
Bowen v. Roy Ct rejected a free exercise challenge to a requirement in the fed'l AFDC and Food Stamp programs that applicants for welfare benefits be ID'ed by SS numbers
Lyng v. NW Indian Cemetery Protective Ass'n : unsuccessful free exercise challenge to the US Forest Service's plan to build a road through and permit timber harvesting in an area of national forest traditionally used by several Indian tribes as sacred areas for religious rituals
Employment Division, Dept. of Human Resources v. Smith use peyote as part of NA religion; to keep their job as drug counselor, they must stop using the drugs. They were denied unemployment benefits
McCollum v. Board of Education ct struck down a school board's practice of permitting students to attend sectarian classes held in the public schools during school hours by parochial school instructors
Zorach v. Clauson i. NYC has a program that permits its public schools to release students during the school day so that they may leave the school buildings and school grounds and go to religious centers for religious instruction or devotional exercises; ii. Ct held that n
Engel v. Vitale NY Board of Regents had prepared a "nondenominational" prayer for use in the public schools
Abington School District v. Schempp held that the Establishment Clause prohibits state laws and practices "requiring the selection and reading at the opening of the school day of verses from the Holy Bible and the recitation of the Lord's Prayer by the students in union."
Wallace v. Jaffree 1 minute for meditation or voluntary prayer; 1st A prob because it becomes an endorsement for prayer; O'Connor says crucial question—has state endorsed religion?—establishment clause violation
d. Lee v. Weisman principal of middle school invited a Rabbi to speak at a commencement i. Jewish family were against it b/c they felt there should be no religious element during the commencement
Santa Fe Independent School District v. Doe student "chaplain" to provide prayer at football games
Created by: KT Hann KT Hann on 2012-04-25



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