heavy presumption in Washington

29 Washington opinions name it 2 courts 1968–2026 4 in the last five years

The cases below were cited by Washington courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

Case	Followed	Cited
Bantam Books, Inc. v. Sullivangreen scotus · 1963 · cited in 9 Washington opinions naming this issue, 1968–2025 2 sentences 2025“Prior restraints carry a heavy presumption of unconstitutionality.” Suggs, 152 Wn.2d at 81 (citing Bantam Books, Inc. v. Sullivan, 372 U.S. 58, 70 (1963)). 2009“Prior restraints carry a heavy presumption of unconstitutionality.” Suggs, 152 Wn.2d at 81 (citing Bantam Books, Inc. v. Sullivan, 372 U.S. 58, 70 , 83 S. Ct. 631 , 9 L.	1	9
State v. Conifer Enterprises, Inc.green wash · 1973 · cited in 2 Washington opinions naming this issue, 1979–1988 2 sentences 1988Analysis Any legislative restraint imposed upon First Amendment rights '"comes into court bearing a heavy presumption against its constitutionality.'" (Italics omitted.) State v. Conifer Enters., 82 Wn.2d 94, 99 , 508 P.2d 149 (1973) (quoting Fine Arts Guild, Inc. v. Seattle, 74 Wn.2d 503 , 15 506, 445 P.2d 602 (1968)). 1988Analysis Any legislative restraint imposed upon First Amendment rights '"comes into court bearing a heavy presumption against its constitutionality.'" (Italics omitted.) State v. Conifer Enters., 82 Wn.2d 94, 99 , 508 P.2d 149 (1973) (quoting Fine Arts Guild, Inc. v. Seattle, 74 Wn.2d 503 , 15 506, 445 P.2d 602 (1968)).	1	2
Adams v. Hinklegreen wash · 1958 · cited in 2 Washington opinions naming this issue, 1968–1973 2 sentences 1973Although we will presume a statute challenged as an improper exercise of the state's police power to be valid, any legislative restraint imposed upon a First Amendment freedom "comes into court bearing a heavy presumption against its constitutionality." Fine Arts Guild, Inc. v. Seattle, 74 Wn.2d 503, 506 , 445 P.2d 602 (1968); accord, Adams v. Hinkle, 51 Wn.2d 763 , 322 P.2d 844 (1958). 1973Although we will presume a statute challenged as an improper exercise of the state's police power to be valid, any legislative restraint imposed upon a First Amendment freedom "comes into court bearing a heavy presumption against its constitutionality." Fine Arts Guild, Inc. v. Seattle, 74 Wn.2d 503, 506 , 445 P.2d 602 (1968); accord, Adams v. Hinkle, 51 Wn.2d 763 , 322 P.2d 844 (1958).	1	2
Amunrud v. Board of Appealsgreen wash · 2006 · cited in 1 Washington opinions naming this issue, 2019–2019 2 sentences 2019See Amunrud, 158 Wn.2d at 222 ."Under this test, the challenged law must be rationally related to a legitimate state interest." Id. 2019See Amunrud , 158 Wash.2d at 222 , 143 P.3d 571 .	1	1
Amunrud v. Board of Appealsgreen wash · 2006 · cited in 1 Washington opinions naming this issue, 2019–2019 1 sentence 2019See Amunrud , 158 Wash.2d at 222 , 143 P.3d 571 .	1	1
In Re Adele Halkingreen cadc · 1979 · cited in 1 Washington opinions naming this issue, 1982–1982 1 sentence 1982See Halkin, 598 F.2d at 195 .	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway.

Also cited on this issue (16)

Case	Cited	Years
In re the Marriage of Suggs green wash · 2004 2 sentences 2025“Prior restraints carry a heavy presumption of unconstitutionality.” Suggs, 152 Wn.2d at 81 (citing Bantam Books, Inc. v. Sullivan, 372 U.S. 58, 70 (1963)). 2024Gina’s First Amendment challenge Prior restraints are “[a]dministrative and judicial orders forbidding certain communications when issued in advance of the time that such communications are to occur.” In re Marriage of Suggs, 152 Wn.2d 74, 81 , 93 P.3d 161 (2004). 12 No. 84480-6-I/13 “Prior restraints carry a heavy presumption of unconstitutionality.” Id.	5	2009–2025
Fine Arts Guild, Inc. v. City of Seattle green wash · 1968 2 sentences 1993The general rule as to a government action that imposes a restraint on a First Amendment freedom is that it "comes into court bearing a heavy presumption against its constitutionality." Fine Arts Guild, Inc. v. Seattle, 74 Wn.2d 503, 506 , 445 P.2d 602 (1968). 1993The general rule as to a government action that imposes a restraint on a First Amendment freedom is that it "comes into court bearing a heavy presumption against its constitutionality." Fine Arts Guild, Inc. v. Seattle, 74 Wn.2d 503, 506 , 445 P.2d 602 (1968).	4	1973–1993
Freedman v. Maryland green scotus · 1965 2 sentences 1979Freedman v. Maryland, 380 U.S. 51 , 13 L. 1979Freedman v. Maryland, 380 U.S. 51 , 13 L.	3	1968–1979
Federated Publications, Inc. v. Kurtz green wash · 1980 2 sentences 2011As to the second, the court remanded for consideration of the sealing order under the heavy test set forth in First Amendment jurisprudence and adopted/modified by our court in Federated Publications, Inc. v. Kurtz, 94 Wn.2d 51 , 615 P.2d 440 (1980). 2011As to the second, the court remanded for consideration of the sealing order under the heavy test set forth in First Amendment jurisprudence and adopted/modified by our court in Federated Publications, Inc. v. Kurtz, 94 Wn.2d 51 , 615 P.2d 440 (1980).	2	2011–2011
Southeastern Promotions, Ltd. v. Conrad green scotus · 1975 2 sentences 1986The primary reason for this heavy presumption of invalidity was articulated by the Court in Southeastern Promotions, Ltd. v. Conrad, 420 U.S. 546, 559 , 43 L. 1986The primary reason for this heavy presumption of invalidity was articulated by the Court in Southeastern Promotions, Ltd. v. Conrad, 420 U.S. 546, 559 , 43 L.	2	1982–1986
Bland v. Mentor green wash · 1963 2 sentences 2026This court treated this second notice as an amended notice of appeal in Andrew’s original appeal. 5 No. 86834-9-I/6 Mueller v. Wells, 185 Wn.2d 1 , 10 n.5, 367 P.3d 580 (2016) (quoting Bland v. Mentor, 63 Wn.2d 150, 154 , 385 P.2d 727 (1963)). 2026This court treated this second notice as an amended notice of appeal in Andrew’s original appeal. 5 No. 86834-9-I/6 Mueller v. Wells, 185 Wn.2d 1 , 10 n.5, 367 P.3d 580 (2016) (quoting Bland v. Mentor, 63 Wn.2d 150, 154 , 385 P.2d 727 (1963)).	1	2026–2026
Mueller v. Wells green wash · 2016 2 sentences 2026This court treated this second notice as an amended notice of appeal in Andrew’s original appeal. 5 No. 86834-9-I/6 Mueller v. Wells, 185 Wn.2d 1 , 10 n.5, 367 P.3d 580 (2016) (quoting Bland v. Mentor, 63 Wn.2d 150, 154 , 385 P.2d 727 (1963)). 2026This court treated this second notice as an amended notice of appeal in Andrew’s original appeal. 5 No. 86834-9-I/6 Mueller v. Wells, 185 Wn.2d 1 , 10 n.5, 367 P.3d 580 (2016) (quoting Bland v. Mentor, 63 Wn.2d 150, 154 , 385 P.2d 727 (1963)).	1	2026–2026
In re the Marriage of Mueller green washctapp · 2007 1 sentence 2026“A spouse may overcome this heavy presumption with clear and convincing evidence of the property’s separate character.” Id. “ ‘[C]lear, cogent, and convincing’ evidence is a quantum of proof that is more than a preponderance of the evidence, but less than what is needed to establish proof beyond a reasonable doubt.” July 11, 2024, after the trial court denied his motion.	1	2026–2026
Kolmorgan v. Schaller green wash · 1957 2 sentences 2019“A spouse may overcome this heavy presumption with clear and convincing evidence of the property’s separate character.” jç~ (citing Kolmorgan v. Schaller, 51 Wn.2d 94, 98 , 316 P.2d 111 (1957)). 2019“A spouse may overcome this heavy presumption with clear and convincing evidence of the property’s separate character.” jç~ (citing Kolmorgan v. Schaller, 51 Wn.2d 94, 98 , 316 P.2d 111 (1957)).	1	2019–2019
In Re the Marriage of Landry green wash · 1985 1 sentence 2014Landry, 103 Wn.2d at 809 .	1	2014–2014
In Re the Marriage of Zahm green washctapp · 1998 1 sentence 2014In re Marriage of Zahm. 91 Wn.	1	2014–2014
JJR INC. v. City of Seattle green wash · 1995 2 sentences 1998JJR Inc. v. City of Seattle, 126 Wash.2d 1 , 6 n. 4, 891 P.2d 720 (1995) (quoting Bantam Books, Inc. v. Sullivan, 372 U.S. 58, 70 , 83 S.Ct. 631, 639 , 9 L.Ed.2d 584 (1963)). 1998JJR Inc. v. City of Seattle, 126 Wash.2d 1 , 6 n. 4, 891 P.2d 720 (1995) (quoting Bantam Books, Inc. v. Sullivan, 372 U.S. 58, 70 , 83 S.Ct. 631, 639 , 9 L.Ed.2d 584 (1963)).	1	1998–1998
Raymond A. Shaw and Karen L. Shaw, Husband and Wife, Individually, and as Guardians Ad Litem of Richard Scott Shaw, a Minor v. United States green ca9 · 1984 1 sentence 1993The Hospital cites primarily to the case of Shaw v. United States, 741 F.2d 1202 (9th Cir. 1984), in which the court stated it had reviewed Washington’s reported verdicts in medical malpractice cases.	1	1993–1993
Shively v. Garage Employees Local Union No. 44 green wash · 1940 2 sentences 1993However, this court has stated that " '[w]e are of the opinion the right of freedom of speech is not absolute.'" Fine Arts Guild, Inc., at 512 (quoting Shively v. Garage Employees Local Union 44, 6 Wn.2d 560, 567 , 108 P.2d 354 (1940)). 1993However, this court has stated that " '[w]e are of the opinion the right of freedom of speech is not absolute.'" Fine Arts Guild, Inc., at 512 (quoting Shively v. Garage Employees Local Union 44, 6 Wn.2d 560, 567 , 108 P.2d 354 (1940)).	1	1993–1993
Aetna Life Insurance v. Washington Life & Disability Insurance Guaranty Ass'n green wash · 1974 2 sentences 1976Ass’n, 83 Wn.2d 523, 528 , 520 P.2d 162 (1974), we reviewed the principles applicable to constitutional attacks on economic and business regulations: [One] limitation upon our exercise of judicial review is the heavy presumption of constitutionality accorded a legislative act. . . . 1976Ass’n, 83 Wn.2d 523, 528 , 520 P.2d 162 (1974), we reviewed the principles applicable to constitutional attacks on economic and business regulations: [One] limitation upon our exercise of judicial review is the heavy presumption of constitutionality accorded a legislative act. . . .	1	1976–1976
Middleton v. Texas Power & Light Co. green scotus · 1919 2 sentences 1974Middleton v. Texas Power & Light Co., 249 U.S. 152 , 63 L. 1974Middleton v. Texas Power & Light Co., 249 U.S. 152 , 63 L.	1	1974–1974

Statutes the citing opinions construe

WA § Wash. Rev. Code § 26.09.191 (4) WA § Wash. Rev. Code § 26.09.140 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

MI 223 (1982–2026) NY 84 (1975–2026) TX 59 (1973–2026) IL 38 (1975–2025) CA 36 (1967–2024) AL 29 (1981–2017) WA 29 (1968–2026) MS 18 (1990–2025) PA 18 (1975–2026) FL 17 (1975–2023) OH 17 (1982–2022) IN 16 (1992–2026) WI 12 (1988–2004) MA 11 (1982–2020) DE 11 (1992–2025) MD 11 (1982–2026) CO 9 (1971–2010) AZ 9 (1984–2018) TN 9 (2001–2017) RI 8 (1972–2010) MN 7 (1975–2015) NV 6 (1976–2020) GA 6 (1984–2022) NJ 6 (1968–1993) LA 6 (1982–2023) ME 5 (1996–2022) AR 5 (1980–2025) CT 5 (1996–2005) IA 4 (1984–2016) ND 4 (1986–1996) UT 4 (1983–2003) KY 4 (2010–2024) WV 3 (1989–2015) WY 3 (2011–2015) NC 3 (1979–2017) NH 3 (2010–2023) SC 2 (2013–2016) DC 2 (1979–2008) NM 2 (1996–2011) VA 2 (1977–2023) KS 2 (1984–2020) OK 2 (1979–2023)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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