Cases

Front 1

J.S. v. Blue Mountain Sch Dst 2010

Back 1

Const punishment of principal profile b/c disruptive & defamatory

Front 2

Doringer v. Niehoff 2008

Back 2

const punishment of "douchebags" blog post b/c disruptive, Team Avery shirts nondisruptive

Front 3

NYT v. US 1971 (Pentagon Papers)

Back 3

unconst halt on publication of Vietnam info b/c no C & P danger (anti-prior restraint)

Front 4

US v. Progressive, Inc. 1979

Back 4

const halt of H Bomb secrets article b/c "immediate, direct, irreparable harm" to U.S. (pro-prior restraint)

Front 5

Snepp v. US 1980

Back 5

const PPP b/c contractually obligated to let CIA edit first (potential national harm)

Front 6

Wilson v. CIA 2009

Back 6

const prior restraint b/c contract & national security - published with blacked-out lines
afterword is protected

Front 7

Shuttlesworth v. City of Birmingham 1969

Back 7

unconst content-based parade ordinance b/c at discretion of one gov official

Front 8

Cox v. NH 1941

Back 8

const content-neutral parade ordinance (T/P/M) b/c public streets are a scarce commodity

Front 9

Thomas v. Chicago Park Dst 2002

Back 9

const park usage permit applications by content-neutral T/P/M rules

Front 10

Burstyn v. Wilson 1952

Back 10

films protected under 1st Amdt b/c informational as well as entertaining (decline of film licensing)

Front 11

Freedman v. MD

Back 11

unconst film-licensing statute
1. burden of proof - film is unprotected
2. only brief prior restraint
3. prompt decision required

Front 12

Red Lion v. FCC 1969

Back 12

const gov operation of BC b/c scarce commodity needing gov allocation
*right of people to receive information/expression
enforced personal attacks clause of fairness doctrine

Front 13

LA v. Preferred Comm 1986

Back 13

unconst for gov to choose a cable monopoly & disallow competition
balanced against public property-cable use

Front 14

Reno v. ACLU 1997

Back 14

unconst to deny more internet freedom - not as invasive as BC (Communications Decency Act)

Front 15

Simon & Schuster v. NY St Crime Victims Board 1991

Back 15

unconst law to make criminals give profit from books/movie rights to those harmed (Son of Sam Laws, Henry Hill - Mafia)

Front 16

Smith v. Daily Mail 1979
(and Bartnicki v. Vopper 2001
and Florida Star v. BJF 1989)

Back 16

unconst to punish newspapers if info is found legally b/c public right to information

Front 17

US v. O'Brien 1968

Back 17

const law prohibiting draft card burning b/c content-neutral (public or private)

Front 18

Clark v. Community for Creative Non-Violence 1984

Back 18

const ban to sleep in park b/c content-neutral camping damage by demonstrators or non-demonstrators

Front 19

US v. Eichman 1990

Back 19

unconst content-based fed law protecting American Flag against protests only
got rid of "casts contempt" & "publicly"

Front 20

US v. Grace 1983

Back 20

unconst content-based fed law banning banners/signs/etc. in USSC b/c not advancing interest of seeming uninfluenced b/c sidewalk was still ok

Front 21

Ward v. Rock Against Racism 1989

Back 21

const T/P/M NY ordinance to use sound guy & set decibel levels for concert, also advancing interest of government to keep peace

Front 22

Citizens United v. FEC 2010

Back 22

- declared corporate-funded political speech about candidates legal
- overthrew BCRA
- created Super PACs
- requires disclosure
- no limits on expenditures

Front 23

1st Natl Bank of Boston v. Belloti 1978

Back 23

declared nonmedia corps can sponsor ads not directly related to their company b/c of the *right of citizens to receive expression*
- "the inherent value of speech in terms of its capacity to inform the public does not depend upon the identity of its source"

Front 24

Pacific Gas v. Public Utilities of CA 1986

Back 24

declared freedom from compelled speech
TURN's brochures forced into free-space in monthly bills

Front 25

Compuserve v. Cyber Promotions 1997

Back 25

unconst for Cyber to use AOL to e-mail w/out permission and can protect servers

Front 26

Buckley v. Valeo 1976

Back 26

unconst to limit expenditures
- "can't restrict speech of some to enhance voice of others"
- no real danger of QPQ corruption

Front 27

Austin v. MI Cham of Comm 1990

Back 27

supported FECA

Front 28

McConnell v. FEC 2003

Back 28

supported BCRA
"money, like water, will always find an outlet"

Front 29

Wisconsin Right to Life v. FEC 2007

Back 29

supported BCRA
"functional equivalent of express advocacy" is unconst

Front 30

McIntyre v. Ohio Elections Commission 1995

Back 30

unconst law banning anonymous campaign literature

Front 31

SpeechNow.org v. FEC 2010

Back 31

indpt expenditure only 527 organization - claimed FECA violated their 1st Amdt right to free speech (under Citizens United ruling)
- may receive unlimited independent contributions

Front 32

Forbes v. AETC 1996

Back 32

const disallowing Forbes to participate in debate
- public TV is not a public forum
- not content-based

Front 33

CBS v. FCC 1981

Back 33

const refusal to BC Carter-Mondale film before campaigning had begun

Front 34

Shelley v. Kraemer 1948

Back 34

unconst restrictive covenance (selling property to other race)
- state disputes b/w private parties become state action when they go to court (14th Amdt)

Front 35

Gitlow v. NY 1925

Back 35

1st Amdt rights under 14th Amdt

Front 36

Near v. Minnesota 1931

Back 36

prior restraint unconst b/c due process 14th Amdt/1st Amdt (anti-semitic publication)

Front 37

Texas v. Johnson 1989

Back 37

unconst content-based ban on flag-burning (viewpoint)

Front 38

Lamb's Chapel v. Center Moriches Sch Dist 1993

Back 38

unconst content-based ban on classroom usage (religious family-planning groups)

Front 39

Snyder v. Phelps 2011

Back 39

const Westboro Baptist Church protesting ("God Hates Fags") outside of funeral
- viewpoint discrimination
- public forum, 1000 ft away, 30 mins before, not seen by father
- (internet attack ignored)

Front 40

TBS v. FCC 1997

Back 40

unconst BC must-carry laws
- content-based - BC over cable

Front 41

Doe v. U. Mich 1989

Back 41

unconst content-based ban on speech "stigmatizing or victimizing" - vagueness

Front 42

Schenck v. US 1919

Back 42

C&P danger test - unconst punishment of antidraft circulars

Front 43

Brandenburg v. Ohio 1969

Back 43

C&P danger - unconst punishment of KKK speaker
"might be revengence taken"

Front 44

Hess v. Indiana 1973

Back 44

C&P danger - unconst punishment of "take this fucking street later"

Front 45

Tinker v. Des Moins Sch 1969

Back 45

black arm band - const b/c nondisruptive, protected speech

Front 46

Cohen v. CA 1971

Back 46

unconst punishment of "Fuck the Draft" - not fighting words b/c not specific

Front 47

RAV v. City of St. Paul 1992

Back 47

const flag-burning b/c misdemeanor
unconst b/c content-based & vague

Front 48

Hayward v. US 1993

Back 48

unconst flag-burning in white couple's yard b/c portends violence & threat

Front 49

Wisconsin v. Mitchell 1993

Back 49

const to punish more for race-based crime

Front 50

Watts v. US 1969

Back 50

const "threat" against LBJ "fight against my Brothers" - not a true threat

Front 51

NAACP v. Claiborne Hardware 1982

Back 51

unconst "broken necks" b/c specific (true threat), C&P danger, inciting illegal action

Front 52

VA v. Black

Back 52

unconst if burning is to intimidate

Front 53

Planned Parenthood v. Am. Co of Life Activists 2002

Back 53

unconst website - true threat (Nurembourg Files)

Front 54

US v. Stevens 2010

Back 54

unconst overbroad - animal rights against crush videos

Front 55

Young v. NYC TA 1990

Back 55

unconst beggars in subways
- captive audience
- no message

Front 56

Loper v. NYC PD 1992

Back 56

const beggars in streets
- no captive audience
- political message

Front 57

Hurley v. Irish LGBT 1995

Back 57

unconst to force gay banner, but cannot prevent gays from marching

Front 58

Miami Herald v. Tornillo 1974

Back 58

unconst to force replies b/c cost of ink & space
-editorial right

Front 59

Rosenberger v. U of VA 1995

Back 59

unconst to not fund "Wide Awake" - content-based discrimination

Front 60

Krishna v. Lee 1992

Back 60

unconst to allow lit b/c not main interest of airport, not public forum, captive audience

Front 61

Pruneyard v. Robins 1980

Back 61

unconst to force speech b/c not public forum

Front 62

Bethel SD v. Fraser 1986

Back 62

"even the climax" - const punishment b/c disruptive

Front 63

Hazelwood SD v. Kuhlmeier 1988

Back 63

const banning of preg/divorce articles b/c not a public forum, no const right, and potentially disruptive

Front 64

Morse v. Frederick 2007

Back 64

"bong hits 4 Jesus" unconst b/c promoting criminal activity at school function

Front 65

Layshock v. Hermitage SD 2010

Back 65

const punishment of principal profile - defamatory