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Case history; Prior: Gilleo v. City of Ladue, 986 F.2d 1180 (8th Cir. 1993): Holding; A municipal ordinance aiming to reduce visual clutter through the regulation of signs in the yards of private homes that prohibits protected speech may violate the First Amendment if the ordinance cannot pass strict scrutiny.
The Supreme Court heard the updated case, now known as Turner II, in late 1996. Acknowledging the cable companies' compelled speech argument, the Supreme Court analyzed the must-carry regulations under the more demanding strict scrutiny analysis to determine if the companies' free speech rights were violated. This time, the Supreme Court ruled ...
Reed v. Town of Gilbert, 576 U.S. 155 (2015), is a case in which the United States Supreme Court clarified when municipalities may impose content-based restrictions on signage. The case also clarified the level of constitutional scrutiny that should be applied to content-based restrictions on speech.
Doyle, [3] the Supreme Court established a standard of but-for causation for claims of official retaliation against speech. However, in the 2006 case of Hartman v. Moore, [4] the Supreme Court established an exception for claims of retaliatory prosecution, requiring that a plaintiff show a lack of probable cause for their prosecution. [5]
The Children's Internet Protection Act (CIPA) was passed by Congress in 2000. CIPA was Congress's third attempt to regulate obscenity on the Internet, but the first two (the Communications Decency Act of 1996 and the Child Online Protection Act of 1998) were struck down by the Supreme Court as unconstitutional free speech restrictions, largely due to vagueness and overbreadth issues that ...
A written transcript of Wednesday’s oral arguments in Moore v. Harper is now publicly available on the U.S. Supreme Court’s website. The case, named partly for N.C. House Speaker Tim Moore, is ...
Patterson v. Colorado, 205 U.S. 454 (1907), was a First Amendment case. Before 1919, the primary legal test used in the United States to determine if speech could be criminalized was the bad tendency test. [1] Rooted in English common law, the test permitted speech to be outlawed if it had a tendency to harm public welfare. [1]
Garcetti v. Ceballos, 547 U.S. 410 (2006), is a U.S. Supreme Court decision involving First Amendment free speech protections for government employees. The plaintiff in the case was a district attorney who claimed that he had been passed up for a promotion for criticizing the legitimacy of a warrant.