11 Massachusetts opinions name it 3 courts 1982–2020 0 in the last five years
The cases below were cited by Massachusetts 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.
| Case | Followed | Cited |
|---|---|---|
Southeastern Promotions, Ltd. v. Conradgreen2 sentences2010Under the doctrine of prior re straint, “(a]ny government regulation that limits or conditions in advance the exercise of protected First Amendment activity constitutes a form of prior restraint, . . . and any such restraint comes ‘bearing a heavy presumption against its constitutional validity.’ ” See Fantasy Book Shop, Inc. v. City of Boston, 652 F.2d 1115, 1120 (1st Cir.1981), quoting Southeastern Promotions, Ltd. v. Conrad, 420 U.S. 546, 552-58 (1976). 2004“Any government regulation that limits or conditions in advance the exercise of protected First Amendment activity constitutes a form of prior restraint. . . and any such restraint comes ‘bearing a heavy presumption against its constitutional validity.’ ” Fantasy Bookshop, Inc. v. City of Boston, 652 F.2d 1115 , 1120 (1981), citing Southeastern Promotions, Ltd. v. Conrad, 420 U.S. 546, 552-58 (1976). | 5 | 6 |
Fantasy Book Shop, Inc. v. City Of Bostongreen2 sentences2010Under the doctrine of prior re straint, “(a]ny government regulation that limits or conditions in advance the exercise of protected First Amendment activity constitutes a form of prior restraint, . . . and any such restraint comes ‘bearing a heavy presumption against its constitutional validity.’ ” See Fantasy Book Shop, Inc. v. City of Boston, 652 F.2d 1115, 1120 (1st Cir.1981), quoting Southeastern Promotions, Ltd. v. Conrad, 420 U.S. 546, 552-58 (1976). 2004“Any government regulation that limits or conditions in advance the exercise of protected First Amendment activity constitutes a form of prior restraint. . . and any such restraint comes ‘bearing a heavy presumption against its constitutional validity.’ ” Fantasy Bookshop, Inc. v. City of Boston, 652 F.2d 1115 , 1120 (1981), citing Southeastern Promotions, Ltd. v. Conrad, 420 U.S. 546, 552-58 (1976). | 3 | 4 |
Bantam Books, Inc. v. Sullivangreen2 sentences2002Any system of prior restraints “comes . . . bearing a heavy presumption against its constitutional validity.” Bantam Books, Inc. v. Sullivan, 372 U.S. 58, 70 (1963). 10 In order to pass constitutional muster under the First Amend ment, a statute that establishes a system of prior restraints must provide procedures that will offer “adequate safeguards against undue inhibition of protected expression.” Freedman v. Maryland, 380 U.S. 51, 60 (1965). 1982Id. at 558 , quoting Bantam Books, Inc. v. Sullivan, 372 U.S. 58, 70 , See New York Times Co. v. United States, 403 U.S. 713, 714 , (1971); Shuttlesworth v. Birmingham 394 U.S. 147 (1969). | 1 | 2 |
City of Lakewood v. Plain Dealer Publishing Co.green1 sentence2004A scheme that places “unbridled discretion in the hands of a government official or agency constitutes a prior restraint and may result in censorship.” Lakewood v. Plain Dealer Publ’g Co., 486 U.S. 750, 757 (1988). | 1 | 1 |
Freedman v. Marylandgreen1 sentence2002Any system of prior restraints “comes . . . bearing a heavy presumption against its constitutional validity.” Bantam Books, Inc. v. Sullivan, 372 U.S. 58, 70 (1963). 10 In order to pass constitutional muster under the First Amend ment, a statute that establishes a system of prior restraints must provide procedures that will offer “adequate safeguards against undue inhibition of protected expression.” Freedman v. Maryland, 380 U.S. 51, 60 (1965). | 1 | 1 |
Cipollone v. Liggett Group, Inc.green1 sentence1995CSXTransp. v. Easterwood, U.S., 113 S.Ct 1732, 1737 (1993); Cipollone v. Liggett Group, U.S., 112 S.Ct. 2608, 2618 (1992). | 1 | 1 |
CSX Transportation, Inc. v. Easterwoodgreen1 sentence1995CSXTransp. v. Easterwood, U.S., 113 S.Ct 1732, 1737 (1993); Cipollone v. Liggett Group, U.S., 112 S.Ct. 2608, 2618 (1992). | 1 | 1 |
Organization for a Better Austin v. Keefegreen1 sentence1995Therefore, the regulation “comes to this Court with a heavy presumption against its constitutionality.” Ku Klux Klan v. Martin Luther King Worshippers, 735 F.Supp. 745, 748 (M.D.Tenn. 1990), quoting Organization for a Better Austin v. Keefe, 402 U.S. 415, 419 (1971). | 1 | 1 |
Ku Klux Klan v. Martin Luther King Worshippersgreen1 sentence1995Therefore, the regulation “comes to this Court with a heavy presumption against its constitutionality.” Ku Klux Klan v. Martin Luther King Worshippers, 735 F.Supp. 745, 748 (M.D.Tenn. 1990), quoting Organization for a Better Austin v. Keefe, 402 U.S. 415, 419 (1971). | 1 | 1 |
Keystone Bituminous Coal Assn. v. DeBenedictisgreen1 sentence1992Keystone Bituminous Coal Assn. v. DeBenedictis, 480 U.S. 470, 489-493 (1987). | 1 | 1 |
Commonwealth v. Franklin Fruit Co.green1 sentence1985Commonwealth v. Franklin Fruit Co., 388 Mass. 228, 235 (1983). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Shuttlesworth v. City of Birmingham
green
1 sentence1982Id. at 558 , quoting Bantam Books, Inc. v. Sullivan, 372 U.S. 58, 70 , See New York Times Co. v. United States, 403 U.S. 713, 714 , (1971); Shuttlesworth v. Birmingham 394 U.S. 147 (1969). | 1 | 1982–1982 |
New York Times Co. v. United States
green
1 sentence1982Id. at 558 , quoting Bantam Books, Inc. v. Sullivan, 372 U.S. 58, 70 , See New York Times Co. v. United States, 403 U.S. 713, 714 , (1971); Shuttlesworth v. Birmingham 394 U.S. 147 (1969). | 1 | 1982–1982 |
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.
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.