First Amendment violation (Rhode Island) · Go Syfert
← Rhode Island issues

First Amendment violation in Rhode Island

16 Rhode Island opinions name it 2 courts 1982–2000 0 in the last five years

The cases below were cited by Rhode Island 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 (10)

CaseFollowedCited
44 Liquormart, Inc. v. Rhode Islandgreen
scotus · 1996 · cited in 2 Rhode Island opinions naming this issue, 1997–2000
2 sentences

2000See id. 7 Thus, the high Cowl’s removal of this Twenty-first Amendment “make-weight” argument in 44 Liquormart does not eliminate the need for reviewing cowls to conduct a traditional, First Amendment analysis when local liquor-related regulations are challenged. 8 See 44 Liquormart, 517 U.S. at 516 , 116 S.Ct. at 1515 , 134 L.Ed.2d at 736 .

2000See id. 7 Thus, the high Cowl’s removal of this Twenty-first Amendment “make-weight” argument in 44 Liquormart does not eliminate the need for reviewing cowls to conduct a traditional, First Amendment analysis when local liquor-related regulations are challenged. 8 See 44 Liquormart, 517 U.S. at 516 , 116 S.Ct. at 1515 , 134 L.Ed.2d at 736 .

22
Triplett Grille, Inc., D/B/A the Back Door v. City of Akrongreen
ca6 · 1994 · cited in 2 Rhode Island opinions naming this issue, 1996–1998
2 sentences

1998They rely on cases like Triplett Grille, Inc. v. City of Akron, 40 F.3d 129 (6th Cir.1994) which have held that public indecency statues that bar all public nudity violate the First Amendment when applied to “live performances with serious literary, artistic or political value.” Id. at 136 .

1998They rely on cases like Triplett Grille, Inc. v. City of Akron, 40 F.3d 129 (6th Cir.1994) which have held that public indecency statues that bar all public nudity violate the First Amendment when applied to “live performances with serious literary, artistic or political value.” Id. at 136 .

12
United States v. Smithgreen
ca5 · 1998 · cited in 1 Rhode Island opinions naming this issue, 1998–1998
2 sentences

1998Furthermore, quite recently in United States v. Smith, 135 F.3d 963 (5th Cir. 1998), the Fifth Circuit refused to recognize a qualified First Amendment privilege for news reporters to withhold non-confidential information in criminal cases.

1998Furthermore, quite recently in United States v. Smith, 135 F.3d 963 (5th Cir. 1998), the Fifth Circuit refused to recognize a qualified First Amendment privilege for news reporters to withhold non-confidential information in criminal cases.

11
Kelley Property Development, Inc. v. Town of Lebanongreen
conn · 1993 · cited in 1 Rhode Island opinions naming this issue, 1998–1998
2 sentences

1998See also Meyer, 510 U.S. at 484 , 114 S.Ct. at 1005 , 127 L.Ed.2d at 322 (“In our most recent decisions, we have responded cautiously to suggestions that Bivens remedies be extended into new contexts’ ”); Kelley Property Development, Inc., v. Town of Lebanon, 226 Conn. 314, 627 A.2d 909, 921 (1993) (recognizing the Supreme Court’s retreat); Brown v. State, 89 N.Y.2d 172 , 652 N.Y.S.2d 223 , 674 N.E.2d 1129, 1138 (1996) (same). .We stress, as the dissent acknowledges, that the overarching question presented by this case is whether article 1, section 23, is self-executing.

1998See also Meyer, 510 U.S. at 484 , 114 S.Ct. at 1005 , 127 L.Ed.2d at 322 (“In our most recent decisions, we have responded cautiously to suggestions that Bivens remedies be extended into new contexts’ ”); Kelley Property Development, Inc., v. Town of Lebanon, 226 Conn. 314, 627 A.2d 909, 921 (1993) (recognizing the Supreme Court’s retreat); Brown v. State, 89 N.Y.2d 172 , 652 N.Y.S.2d 223 , 674 N.E.2d 1129, 1138 (1996) (same). .We stress, as the dissent acknowledges, that the overarching question presented by this case is whether article 1, section 23, is self-executing.

11
Federal Deposit Insurance v. Meyergreen
scotus · 1994 · cited in 1 Rhode Island opinions naming this issue, 1998–1998
2 sentences

1998See Federal Deposit Insurance Corp. v. Meyer, 510 U.S. 471 , 114 S.Ct. 996 , 127 L.Ed.2d 308 (1994) (refusing to extend Bivens actions to Federal Government agencies); Schweiker v. Chilicky, 487 U.S. 412 , 108 S.Ct. 2460 , 101 L.Ed.2d 370 (1988) (declining to imply a Bivens action for alleged due process violations for the denial of Social Security disability benefits on the ground that a damages remedy was not included in the remedial scheme devised by Congress); United States v. Stanley, 483 U.S. 669 , 107 S.Ct. 3054 , 97 L.Ed.2d 550 (1987) (declining Bivens action while reaffirming Chappell

1998See Federal Deposit Insurance Corp. v. Meyer, 510 U.S. 471 , 114 S.Ct. 996 , 127 L.Ed.2d 308 (1994) (refusing to extend Bivens actions to Federal Government agencies); Schweiker v. Chilicky, 487 U.S. 412 , 108 S.Ct. 2460 , 101 L.Ed.2d 370 (1988) (declining to imply a Bivens action for alleged due process violations for the denial of Social Security disability benefits on the ground that a damages remedy was not included in the remedial scheme devised by Congress); United States v. Stanley, 483 U.S. 669 , 107 S.Ct. 3054 , 97 L.Ed.2d 550 (1987) (declining Bivens action while reaffirming Chappell

11
In Re Letelliergreen
me · 1990 · cited in 1 Rhode Island opinions naming this issue, 1998–1998
1 sentence

1998See also In re Letellier, 578 A.2d 722 (Me. 1990) (television news reporter had no First Amendment privilege to refuse to comply with grand jury subpoena requiring him to hand over unbroadcast portions of a non-confidential videotaped interview with an official under criminal investigation).

11
Brown v. State of New Yorkgreen
ny · 1996 · cited in 1 Rhode Island opinions naming this issue, 1998–1998
2 sentences

1998See also Meyer, 510 U.S. at 484 , 114 S.Ct. at 1005 , 127 L.Ed.2d at 322 (“In our most recent decisions, we have responded cautiously to suggestions that Bivens remedies be extended into new contexts’ ”); Kelley Property Development, Inc., v. Town of Lebanon, 226 Conn. 314, 627 A.2d 909, 921 (1993) (recognizing the Supreme Court’s retreat); Brown v. State, 89 N.Y.2d 172 , 652 N.Y.S.2d 223 , 674 N.E.2d 1129, 1138 (1996) (same). .We stress, as the dissent acknowledges, that the overarching question presented by this case is whether article 1, section 23, is self-executing.

1998See also Meyer, 510 U.S. at 484 , 114 S.Ct. at 1005 , 127 L.Ed.2d at 322 (“In our most recent decisions, we have responded cautiously to suggestions that Bivens remedies be extended into new contexts’ ”); Kelley Property Development, Inc., v. Town of Lebanon, 226 Conn. 314, 627 A.2d 909, 921 (1993) (recognizing the Supreme Court’s retreat); Brown v. State, 89 N.Y.2d 172 , 652 N.Y.S.2d 223 , 674 N.E.2d 1129, 1138 (1996) (same). .We stress, as the dissent acknowledges, that the overarching question presented by this case is whether article 1, section 23, is self-executing.

11
Howell v. New York Post Co.green
ny · 1993 · cited in 1 Rhode Island opinions naming this issue, 1996–1996
2 sentences

1996See Howell v. New York Post, Co., 81 N.Y.2d 115 , 596 N.Y.S.2d 350 , 612 N.E.2d 699 (1993).

1996See Howell v. New York Post, Co., 81 N.Y.2d 115 , 596 N.Y.S.2d 350 , 612 N.E.2d 699 (1993).

11
Breard v. Alexandriagreen
scotus · 1951 · cited in 1 Rhode Island opinions naming this issue, 1985–1985
2 sentences

1985We are equally clear that the Constitution imposes no such restraint on government as respects purely commercial advertising." Id. at 54 , 62 S.Ct. at 921 , 86 L.Ed. at 1265 ; see also Breard v. Alexandria, 341 U.S. 622 , 71 S.Ct. 920 , 95 L.Ed. 1233 (1951), where the Court upheld a conviction for violation of an ordinance prohibiting door-to-door solicitation of magazine subscriptions. [7] General Laws 1956 (1976 Reenactment) title 3. [8] Queensgate Investment Co. v. Liquor Control Commission, 69 Ohio St.2d 361 , 433 N.E.2d 138 (1982), involved a First Amendment challenge to an Ohio Liquor Co

1985We are equally clear that the Constitution imposes no such restraint on government as respects purely commercial advertising." Id. at 54 , 62 S.Ct. at 921 , 86 L.Ed. at 1265 ; see also Breard v. Alexandria, 341 U.S. 622 , 71 S.Ct. 920 , 95 L.Ed. 1233 (1951), where the Court upheld a conviction for violation of an ordinance prohibiting door-to-door solicitation of magazine subscriptions. [7] General Laws 1956 (1976 Reenactment) title 3. [8] Queensgate Investment Co. v. Liquor Control Commission, 69 Ohio St.2d 361 , 433 N.E.2d 138 (1982), involved a First Amendment challenge to an Ohio Liquor Co

11
Queensgate Investment Co. v. Liquor Control Commissiongreen
ohio · 1982 · cited in 1 Rhode Island opinions naming this issue, 1985–1985
2 sentences

1985Queensgate Investment Co. v. Liquor Control Commission, 69 Ohio St.2d 361 , 433 N.E.2d 138 (1982), involved a First Amendment challenge to an Ohio Liquor Control Commission regulation that, although generally permitting liquor advertising, required that certain liquor permit holders “not advertise the price per bottle or drink of any alcoholic beverage, or in any manner refer to price or price advantage except within their premises and in a manner not visible from the outside of said premises.” Id. at 362 n. 1, 433 N.E.2d at 139 n. 1.

1985Queensgate Investment Co. v. Liquor Control Commission, 69 Ohio St.2d 361 , 433 N.E.2d 138 (1982), involved a First Amendment challenge to an Ohio Liquor Control Commission regulation that, although generally permitting liquor advertising, required that certain liquor permit holders “not advertise the price per bottle or drink of any alcoholic beverage, or in any manner refer to price or price advantage except within their premises and in a manner not visible from the outside of said premises.” Id. at 362 n. 1, 433 N.E.2d at 139 n. 1.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Rhode Island. Read the followed side critically anyway.

Also cited on this issue (16)

CaseCitedYears
Herbert v. Lando green
scotus · 1979
2 sentences

1998Although some courts have construed this concurrence as a mandate to create a qualified newsmans' privilege in criminal cases, See e.g., LaRouche, 841 F.2d at 1182 , the Rhode Island Supreme Court, however, has stated in Outlet Communications Inc. v. State, 588 A.2d 1050 (R.I. 1991): "`Our reading of Branzburg, together with Herbert v. Lando, 441 U.S. 153 , 99 S.Ct. 1635 , 60 L.Ed.2d 115 (1979), leads us to the conclusion that the Supreme Court of the United States has rejected the proposition that there is a First Amendment privilege accorded to news person to refuse to disclose information,

1998Although some courts have construed this concurrence as a mandate to create a qualified newsmans' privilege in criminal cases, See e.g., LaRouche, 841 F.2d at 1182 , the Rhode Island Supreme Court, however, has stated in Outlet Communications Inc. v. State, 588 A.2d 1050 (R.I. 1991): "`Our reading of Branzburg, together with Herbert v. Lando, 441 U.S. 153 , 99 S.Ct. 1635 , 60 L.Ed.2d 115 (1979), leads us to the conclusion that the Supreme Court of the United States has rejected the proposition that there is a First Amendment privilege accorded to news person to refuse to disclose information,

31990–1998
Capuano v. Outlet Co. green
ri · 1990
2 sentences

1998Although some courts have construed this concurrence as a mandate to create a qualified newsmans' privilege in criminal cases, See e.g., LaRouche, 841 F.2d at 1182 , the Rhode Island Supreme Court, however, has stated in Outlet Communications Inc. v. State, 588 A.2d 1050 (R.I. 1991): "`Our reading of Branzburg, together with Herbert v. Lando, 441 U.S. 153 , 99 S.Ct. 1635 , 60 L.Ed.2d 115 (1979), leads us to the conclusion that the Supreme Court of the United States has rejected the proposition that there is a First Amendment privilege accorded to news person to refuse to disclose information,

1998Although some courts have construed this concurrence as a mandate to create a qualified newsmans' privilege in criminal cases, See e.g., LaRouche, 841 F.2d at 1182 , the Rhode Island Supreme Court, however, has stated in Outlet Communications Inc. v. State, 588 A.2d 1050 (R.I. 1991): "`Our reading of Branzburg, together with Herbert v. Lando, 441 U.S. 153 , 99 S.Ct. 1635 , 60 L.Ed.2d 115 (1979), leads us to the conclusion that the Supreme Court of the United States has rejected the proposition that there is a First Amendment privilege accorded to news person to refuse to disclose information,

21991–1998
Young v. American Mini Theatres, Inc. green
scotus · 1976
2 sentences

1998And although we have cautioned against the enactment of zoning regulations that have “the effect of suppressing, or greatly restricting ac *565 cess to, lawful speech,” American Mini Theatres, 427 U.S., at 71, n. 35, 96 S.Ct. 2440 , 49 L.Ed.2d 310 (plurality opinion), we have never suggested that the First Amendment compels the Government to ensure that adult theaters, or any other kinds of speech-related businesses for that matter, will be able to obtain sites at bargain prices.

1998And although we have cautioned against the enactment of zoning regulations that have “the effect of suppressing, or greatly restricting ac *565 cess to, lawful speech,” American Mini Theatres, 427 U.S., at 71, n. 35, 96 S.Ct. 2440 , 49 L.Ed.2d 310 (plurality opinion), we have never suggested that the First Amendment compels the Government to ensure that adult theaters, or any other kinds of speech-related businesses for that matter, will be able to obtain sites at bargain prices.

21996–1998
Olivia N. v. National Broadcasting Co. green
calctapp · 1977
2 sentences

1982The plaintiffs also refer us to Olivia N. v. National Broadcasting Co., 74 Cal. App.3d 383 , 141 Cal. Rptr. 511 (1977), in support of their claim that the First Amendment does not bar recovery in this case.

1982The plaintiffs also refer us to Olivia N. v. National Broadcasting Co., 74 Cal. App.3d 383 , 141 Cal. Rptr. 511 (1977), in support of their claim that the First Amendment does not bar recovery in this case.

21982–1982
Kedroff v. Saint Nicholas Cathedral of the Russian Orthodox Church in North America green
scotus · 1952
2 sentences

1998Freedom to select the clergy, where no improper methods of choice are proven, we think, must now be said to have federal constitutional protection as a part of the free exercise of religion against state interference." 344 U.S., at 116 , 73 S.Ct., at 154-55 , 97 L.Ed., at It is clear from the penultimate paragraph of the Opinion of the Court in Kedroff that it was not announcing a new First Amendment doctrine, but that it was simply applying well established constitutional law under the Free Exercise Clause: "Ours is a government which by the `law of its being' allows no statute, state or nati

1998Freedom to select the clergy, where no improper methods of choice are proven, we think, must now be said to have federal constitutional protection as a part of the free exercise of religion against state interference." 344 U.S., at 116 , 73 S.Ct., at 154-55 , 97 L.Ed., at It is clear from the penultimate paragraph of the Opinion of the Court in Kedroff that it was not announcing a new First Amendment doctrine, but that it was simply applying well established constitutional law under the Free Exercise Clause: "Ours is a government which by the `law of its being' allows no statute, state or nati

11998–1998
United States v. The Larouche Campaign, Appeal of National Broadcasting Company, Inc green
ca1 · 1988
2 sentences

1998Although some courts have construed this concurrence as a mandate to create a qualified newsmans' privilege in criminal cases, See e.g., LaRouche, 841 F.2d at 1182 , the Rhode Island Supreme Court, however, has stated in Outlet Communications Inc. v. State, 588 A.2d 1050 (R.I. 1991): "`Our reading of Branzburg, together with Herbert v. Lando, 441 U.S. 153 , 99 S.Ct. 1635 , 60 L.Ed.2d 115 (1979), leads us to the conclusion that the Supreme Court of the United States has rejected the proposition that there is a First Amendment privilege accorded to news person to refuse to disclose information,

1998Although some courts have construed this concurrence as a mandate to create a qualified newsmans' privilege in criminal cases, See e.g., LaRouche, 841 F.2d at 1182 , the Rhode Island Supreme Court, however, has stated in Outlet Communications Inc. v. State, 588 A.2d 1050 (R.I. 1991): "`Our reading of Branzburg, together with Herbert v. Lando, 441 U.S. 153 , 99 S.Ct. 1635 , 60 L.Ed.2d 115 (1979), leads us to the conclusion that the Supreme Court of the United States has rejected the proposition that there is a First Amendment privilege accorded to news person to refuse to disclose information,

11998–1998
Outlet Communications, Inc. v. State green
ri · 1991
2 sentences

1998Although some courts have construed this concurrence as a mandate to create a qualified newsmans' privilege in criminal cases, See e.g., LaRouche, 841 F.2d at 1182 , the Rhode Island Supreme Court, however, has stated in Outlet Communications Inc. v. State, 588 A.2d 1050 (R.I. 1991): "`Our reading of Branzburg, together with Herbert v. Lando, 441 U.S. 153 , 99 S.Ct. 1635 , 60 L.Ed.2d 115 (1979), leads us to the conclusion that the Supreme Court of the United States has rejected the proposition that there is a First Amendment privilege accorded to news person to refuse to disclose information,

1998Although some courts have construed this concurrence as a mandate to create a qualified newsmans' privilege in criminal cases, See e.g., LaRouche, 841 F.2d at 1182 , the Rhode Island Supreme Court, however, has stated in Outlet Communications Inc. v. State, 588 A.2d 1050 (R.I. 1991): "`Our reading of Branzburg, together with Herbert v. Lando, 441 U.S. 153 , 99 S.Ct. 1635 , 60 L.Ed.2d 115 (1979), leads us to the conclusion that the Supreme Court of the United States has rejected the proposition that there is a First Amendment privilege accorded to news person to refuse to disclose information,

11998–1998
Schweiker v. Chilicky green
scotus · 1988
2 sentences

1998See Federal Deposit Insurance Corp. v. Meyer, 510 U.S. 471 , 114 S.Ct. 996 , 127 L.Ed.2d 308 (1994) (refusing to extend Bivens actions to Federal Government agencies); Schweiker v. Chilicky, 487 U.S. 412 , 108 S.Ct. 2460 , 101 L.Ed.2d 370 (1988) (declining to imply a Bivens action for alleged due process violations for the denial of Social Security disability benefits on the ground that a damages remedy was not included in the remedial scheme devised by Congress); United States v. Stanley, 483 U.S. 669 , 107 S.Ct. 3054 , 97 L.Ed.2d 550 (1987) (declining Bivens action while reaffirming Chappell

1998See Federal Deposit Insurance Corp. v. Meyer, 510 U.S. 471 , 114 S.Ct. 996 , 127 L.Ed.2d 308 (1994) (refusing to extend Bivens actions to Federal Government agencies); Schweiker v. Chilicky, 487 U.S. 412 , 108 S.Ct. 2460 , 101 L.Ed.2d 370 (1988) (declining to imply a Bivens action for alleged due process violations for the denial of Social Security disability benefits on the ground that a damages remedy was not included in the remedial scheme devised by Congress); United States v. Stanley, 483 U.S. 669 , 107 S.Ct. 3054 , 97 L.Ed.2d 550 (1987) (declining Bivens action while reaffirming Chappell

11998–1998
United States v. Stanley green
scotus · 1987
2 sentences

1998See Federal Deposit Insurance Corp. v. Meyer, 510 U.S. 471 , 114 S.Ct. 996 , 127 L.Ed.2d 308 (1994) (refusing to extend Bivens actions to Federal Government agencies); Schweiker v. Chilicky, 487 U.S. 412 , 108 S.Ct. 2460 , 101 L.Ed.2d 370 (1988) (declining to imply a Bivens action for alleged due process violations for the denial of Social Security disability benefits on the ground that a damages remedy was not included in the remedial scheme devised by Congress); United States v. Stanley, 483 U.S. 669 , 107 S.Ct. 3054 , 97 L.Ed.2d 550 (1987) (declining Bivens action while reaffirming Chappell

1998See Federal Deposit Insurance Corp. v. Meyer, 510 U.S. 471 , 114 S.Ct. 996 , 127 L.Ed.2d 308 (1994) (refusing to extend Bivens actions to Federal Government agencies); Schweiker v. Chilicky, 487 U.S. 412 , 108 S.Ct. 2460 , 101 L.Ed.2d 370 (1988) (declining to imply a Bivens action for alleged due process violations for the denial of Social Security disability benefits on the ground that a damages remedy was not included in the remedial scheme devised by Congress); United States v. Stanley, 483 U.S. 669 , 107 S.Ct. 3054 , 97 L.Ed.2d 550 (1987) (declining Bivens action while reaffirming Chappell

11998–1998
Chappell v. Wallace green
scotus · 1983
2 sentences

1998See Federal Deposit Insurance Corp. v. Meyer, 510 U.S. 471 , 114 S.Ct. 996 , 127 L.Ed.2d 308 (1994) (refusing to extend Bivens actions to Federal Government agencies); Schweiker v. Chilicky, 487 U.S. 412 , 108 S.Ct. 2460 , 101 L.Ed.2d 370 (1988) (declining to imply a Bivens action for alleged due process violations for the denial of Social Security disability benefits on the ground that a damages remedy was not included in the remedial scheme devised by Congress); United States v. Stanley, 483 U.S. 669 , 107 S.Ct. 3054 , 97 L.Ed.2d 550 (1987) (declining Bivens action while reaffirming Chappell

1998See Federal Deposit Insurance Corp. v. Meyer, 510 U.S. 471 , 114 S.Ct. 996 , 127 L.Ed.2d 308 (1994) (refusing to extend Bivens actions to Federal Government agencies); Schweiker v. Chilicky, 487 U.S. 412 , 108 S.Ct. 2460 , 101 L.Ed.2d 370 (1988) (declining to imply a Bivens action for alleged due process violations for the denial of Social Security disability benefits on the ground that a damages remedy was not included in the remedial scheme devised by Congress); United States v. Stanley, 483 U.S. 669 , 107 S.Ct. 3054 , 97 L.Ed.2d 550 (1987) (declining Bivens action while reaffirming Chappell

11998–1998
Bush v. Lucas green
scotus · 1983
2 sentences

1998See Federal Deposit Insurance Corp. v. Meyer, 510 U.S. 471 , 114 S.Ct. 996 , 127 L.Ed.2d 308 (1994) (refusing to extend Bivens actions to Federal Government agencies); Schweiker v. Chilicky, 487 U.S. 412 , 108 S.Ct. 2460 , 101 L.Ed.2d 370 (1988) (declining to imply a Bivens action for alleged due process violations for the denial of Social Security disability benefits on the ground that a damages remedy was not included in the remedial scheme devised by Congress); United States v. Stanley, 483 U.S. 669 , 107 S.Ct. 3054 , 97 L.Ed.2d 550 (1987) (declining Bivens action while reaffirming Chappell

1998See Federal Deposit Insurance Corp. v. Meyer, 510 U.S. 471 , 114 S.Ct. 996 , 127 L.Ed.2d 308 (1994) (refusing to extend Bivens actions to Federal Government agencies); Schweiker v. Chilicky, 487 U.S. 412 , 108 S.Ct. 2460 , 101 L.Ed.2d 370 (1988) (declining to imply a Bivens action for alleged due process violations for the denial of Social Security disability benefits on the ground that a damages remedy was not included in the remedial scheme devised by Congress); United States v. Stanley, 483 U.S. 669 , 107 S.Ct. 3054 , 97 L.Ed.2d 550 (1987) (declining Bivens action while reaffirming Chappell

11998–1998
Simon & Schuster, Inc. v. Members of the New York State Crime Victims Board green
scotus · 1991
2 sentences

1997In Simon & Schuster, Inc. v. Members of the New York State Crime Victims Board, 502 U.S. 105 , 112 S.Ct. 501 , 116 L.Ed.2d 476 (1991), the United States Supreme Court was faced with a First Amendment challenge to New York's similarly structured statute, N.Y.Exec.Law § 632-a (McKinney 1982 and Supp.1991) (repealed 1992), enacted in 1977 in response to the publicity generated by the "Son of Sam" serial killings.

1997In Simon & Schuster, Inc. v. Members of the New York State Crime Victims Board, 502 U.S. 105 , 112 S.Ct. 501 , 116 L.Ed.2d 476 (1991), the United States Supreme Court was faced with a First Amendment challenge to New York's similarly structured statute, N.Y.Exec.Law § 632-a (McKinney 1982 and Supp.1991) (repealed 1992), enacted in 1977 in response to the publicity generated by the "Son of Sam" serial killings.

11997–1997
Pound Hill Corp., Inc. v. Perl green
ri · 1996
1 sentence

1996This Court recently examined the reach of the Noerr-Pennington doctrine in Pound Hill Corp., Inc. v. Perl, 668 A.2d 1260 (R.I.1996).

11996–1996
cluster 503161 green
ca10 · 1988
1 sentence

1995Lanier v. City of Newton, Ala., 842 F.2d 253 , 256 (11th Cir. 1988).

11995–1995
Valentine v. Chrestensen red
scotus · 1942
2 sentences

1985We are equally clear that the Constitution imposes no such restraint on government as respects purely commercial advertising." Id. at 54 , 62 S.Ct. at 921 , 86 L.Ed. at 1265 ; see also Breard v. Alexandria, 341 U.S. 622 , 71 S.Ct. 920 , 95 L.Ed. 1233 (1951), where the Court upheld a conviction for violation of an ordinance prohibiting door-to-door solicitation of magazine subscriptions. [7] General Laws 1956 (1976 Reenactment) title 3. [8] Queensgate Investment Co. v. Liquor Control Commission, 69 Ohio St.2d 361 , 433 N.E.2d 138 (1982), involved a First Amendment challenge to an Ohio Liquor Co

1985We are equally clear that the Constitution imposes no such restraint on government as respects purely commercial advertising." Id. at 54 , 62 S.Ct. at 921 , 86 L.Ed. at 1265 ; see also Breard v. Alexandria, 341 U.S. 622 , 71 S.Ct. 920 , 95 L.Ed. 1233 (1951), where the Court upheld a conviction for violation of an ordinance prohibiting door-to-door solicitation of magazine subscriptions. [7] General Laws 1956 (1976 Reenactment) title 3. [8] Queensgate Investment Co. v. Liquor Control Commission, 69 Ohio St.2d 361 , 433 N.E.2d 138 (1982), involved a First Amendment challenge to an Ohio Liquor Co

11985–1985
Weirum v. RKO General, Inc. green
cal · 1975
2 sentences

1982II The plaintiffs rely in large measure on Weirum v. RKO General, Inc., 15 Cal.3d 40 , 123 Cal.Rptr. 468 , 539 P.2d 36 (1975), in arguing that the First Amendment does not bar recovery.

1982II The plaintiffs rely in large measure on Weirum v. RKO General, Inc., 15 Cal.3d 40 , 123 Cal.Rptr. 468 , 539 P.2d 36 (1975), in arguing that the First Amendment does not bar recovery.

11982–1982

Statutes the citing opinions construe

USC § 42u.s.c.1983 (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

CA 279 (1966–2026) TX 181 (1984–2026) WA 129 (1975–2026) PA 108 (1966–2026) IL 91 (1979–2026) NY 88 (1959–2026) FL 74 (1976–2025) NJ 67 (1976–2026) MA 57 (1969–2025) CO 54 (1982–2026) OH 53 (1980–2026) CT 46 (1990–2025) MN 45 (1981–2024) WI 45 (1982–2026) MI 45 (1980–2026) DC 44 (1975–2025) AZ 33 (1976–2026) MD 33 (1983–2025) OR 33 (1974–2024) IA 33 (1976–2026) IN 31 (1974–2024) GA 29 (1982–2024) WV 25 (1981–2021) VA 24 (1988–2026) ME 24 (1970–2026) VT 23 (1980–2025) KS 23 (1973–2025) NM 22 (1982–2026) NC 19 (1991–2025) UT 19 (1982–2025) TN 18 (1979–2026) MO 17 (1982–2015) KY 17 (1992–2024) RI 16 (1982–2000) AK 16 (1979–2025) AR 16 (1985–2024) NE 15 (1990–2019) SC 15 (1979–2021) NH 13 (1967–2023) LA 13 (1972–2021) NV 12 (1981–2025) MT 12 (1990–2025) ID 11 (1977–2016) DE 10 (1984–2025) ND 10 (1982–2023) OK 10 (1976–2025) SD 9 (1969–2020) MS 8 (1970–2025) AL 8 (1987–2015) HI 8 (1999–2014) WY 7 (2003–2019) VI 4 (1996–2017)

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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