bearing a heavy presumption (California) · Go Syfert
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bearing a heavy presumption in California

8 California opinions name it 2 courts 1976–2023 1 in the last five years

The cases below were cited by California 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)

CaseFollowedCited
New York Times Co. v. United Statesgreen
scotus · 1971 · cited in 4 California opinions naming this issue, 1983–2014
2 sentences

2013(New York Times Co. v. United States (1971) 403 U.S. 713, 714 [“‘Any system of prior restraints of expression comes to this Court bearing a heavy presumption against its constitutional validity.’ [Citations.]”]; DVD Copy Control Assn., Inc. v. Bunner (2003) 31 Cal.4th 864, 886 .) “The term ‘prior restraint’ is used ‘to describe administrative and judicial orders forbidding certain communications when issued in advance of the time that such communications are to occur.’ [Citation.] Temporary restraining orders and permanent injunctions—i.e., court orders that actually forbid speech activities—a

2007"Any system of prior restraint ... `comes to this Court bearing a heavy presumption against its constitutional validity.' Bantam Books, Inc. v. Sullivan , 372 U.S. [58], at 70[, 83 S.Ct. 631 , 9 L.Ed.2d 584 (1963) ]; New York Times Co. v. United States , 403 U.S. [713], at 714[, 91 S.Ct. 2140 , 29 L.Ed.2d 822 (1971) ]; [citations].

24
Bantam Books, Inc. v. Sullivangreen
scotus · 1963 · cited in 4 California opinions naming this issue, 1983–2014
2 sentences

2007"Any system of prior restraint ... `comes to this Court bearing a heavy presumption against its constitutional validity.' Bantam Books, Inc. v. Sullivan , 372 U.S. [58], at 70[, 83 S.Ct. 631 , 9 L.Ed.2d 584 (1963) ]; New York Times Co. v. United States , 403 U.S. [713], at 714[, 91 S.Ct. 2140 , 29 L.Ed.2d 822 (1971) ]; [citations].

2007"Any system of prior restraint ... `comes to this Court bearing a heavy presumption against its constitutional validity.' Bantam Books, Inc. v. Sullivan , 372 U.S. [58], at 70[, 83 S.Ct. 631 , 9 L.Ed.2d 584 (1963) ]; New York Times Co. v. United States , 403 U.S. [713], at 714[, 91 S.Ct. 2140 , 29 L.Ed.2d 822 (1971) ]; [citations].

14
Southeastern Promotions, Ltd. v. Conradgreen
scotus · 1975 · cited in 3 California opinions naming this issue, 1976–2023
2 sentences

2023(Southeastern Promotions, Ltd. v. Conrad (1975) 420 U.S. 546, 558 .) “Any system of prior restraint, however, ‘comes to this Court bearing a heavy presumption against its constitutional validity.’” (Ibid.) The doctrine of prior restraints applies only to speech and expressive conduct that is protected by the First Amendment. “‘[T]here are categories of communication and certain special utterances to which the majestic protection of the First Amendment does not extend because they “are no essential part of any exposition of ideas, and are of such slight social value as a step to truth that any

1976Moreover, since “[a]ny system of prior restraint. . . ‘comes to this Court bearing a heavy presumption against its constitu *463 tional validity.’ Bantam Books, Inc. v. Sullivan, 372 U.S. at 70 . . . .” (Southeastern Promotions Ltd. v. Conrad (1974) 420 U.S. 546, 558 [ 43 L.Ed.2d 448, 459 , 95 S.Ct. 1239 ]; see also Wilson v. Superior Court (1975) 13 Cal.3d 652, 656-657 [ 119 Cal.Rptr. 468 , 532 P.2d 116 ]) and since former sections 9012 and 9013 for which section 10611 was a replacement had just been declared unconstitutional by the Rowe court because they purported to permit prior restraints

13
Retail Credit Co. v. Russellgreen
ga · 1975 · cited in 1 California opinions naming this issue, 1999–1999
2 sentences

1999The court of appeals rejected the argument that an injunction against such solicitation necessarily would constitute an invalid prior restraint on expression: "A prior restraint is a government regulation that limits or conditions in advance the exercise of protected First Amendment activity. [Citation.] Although the classic form of prior restraint involves an administrative licensing scheme, [citation], a judicial injunction that prohibits speech prior to a determination that the speech is unprotected also constitutes a prior restraint. [Citation.] Any system of prior restraints of speech `co

1999The court of appeals rejected the argument that an injunction against such solicitation necessarily would constitute an invalid prior restraint on expression: "A prior restraint is a government regulation that limits or conditions in advance the exercise of protected First Amendment activity. [Citation.] Although the classic form of prior restraint involves an administrative licensing scheme, [citation], a judicial injunction that prohibits speech prior to a determination that the speech is unprotected also constitutes a prior restraint. [Citation.] Any system of prior restraints of speech `co

11
Ewap, Inc. v. City of Los Angelesgreen
calctapp · 1979 · cited in 1 California opinions naming this issue, 1982–1982
2 sentences

1982The denial of a permit to engage in a constitutionally protected activity is a total prior restraint, and as such comes to a court bearing a heavy presumption against its constitutional validity (EWAP, Inc. v. City of Los Angeles (1979) 97 Cal.App.3d 179, 185 [ 158 Cal.Rptr. 579 ]).

1982The denial of a permit to engage in a constitutionally protected activity is a total prior restraint, and as such comes to a court bearing a heavy presumption against its constitutional validity (EWAP, Inc. v. City of Los Angeles (1979) 97 Cal.App.3d 179, 185 [ 158 Cal.Rptr. 579 ]).

11
Wilson v. Superior Courtgreen
cal · 1975 · cited in 1 California opinions naming this issue, 1976–1976
2 sentences

1976Moreover, since “[a]ny system of prior restraint. . . ‘comes to this Court bearing a heavy presumption against its constitu *463 tional validity.’ Bantam Books, Inc. v. Sullivan, 372 U.S. at 70 . . . .” (Southeastern Promotions Ltd. v. Conrad (1974) 420 U.S. 546, 558 [ 43 L.Ed.2d 448, 459 , 95 S.Ct. 1239 ]; see also Wilson v. Superior Court (1975) 13 Cal.3d 652, 656-657 [ 119 Cal.Rptr. 468 , 532 P.2d 116 ]) and since former sections 9012 and 9013 for which section 10611 was a replacement had just been declared unconstitutional by the Rowe court because they purported to permit prior restraints

1976Moreover, since “[a]ny system of prior restraint. . . ‘comes to this Court bearing a heavy presumption against its constitu *463 tional validity.’ Bantam Books, Inc. v. Sullivan, 372 U.S. at 70 . . . .” (Southeastern Promotions Ltd. v. Conrad (1974) 420 U.S. 546, 558 [ 43 L.Ed.2d 448, 459 , 95 S.Ct. 1239 ]; see also Wilson v. Superior Court (1975) 13 Cal.3d 652, 656-657 [ 119 Cal.Rptr. 468 , 532 P.2d 116 ]) and since former sections 9012 and 9013 for which section 10611 was a replacement had just been declared unconstitutional by the Rowe court because they purported to permit prior restraints

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (9)

CaseCitedYears
Balboa Island Village Inn, Inc. v. Lemen green
cal · 2007
1 sentence

2023(Southeastern Promotions, Ltd. v. Conrad (1975) 420 U.S. 546, 558 .) “Any system of prior restraint, however, ‘comes to this Court bearing a heavy presumption against its constitutional validity.’” (Ibid.) The doctrine of prior restraints applies only to speech and expressive conduct that is protected by the First Amendment. “‘[T]here are categories of communication and certain special utterances to which the majestic protection of the First Amendment does not extend because they “are no essential part of any exposition of ideas, and are of such slight social value as a step to truth that any

12023–2023
Bose Corp. v. Consumers Union of United States, Inc. green
scotus · 1984
1 sentence

2023(Southeastern Promotions, Ltd. v. Conrad (1975) 420 U.S. 546, 558 .) “Any system of prior restraint, however, ‘comes to this Court bearing a heavy presumption against its constitutional validity.’” (Ibid.) The doctrine of prior restraints applies only to speech and expressive conduct that is protected by the First Amendment. “‘[T]here are categories of communication and certain special utterances to which the majestic protection of the First Amendment does not extend because they “are no essential part of any exposition of ideas, and are of such slight social value as a step to truth that any

12023–2023
Near v. Minnesota Ex Rel. Olson green
scotus · 1931
1 sentence

2014(See Near v. Minnesota (1931) 283 U.S. 697 .) Any system of prior restraints of speech comes to this court bearing a heavy presumption against its constitutional validity.

12014–2014
Organization for a Better Austin v. Keefe green
scotus · 1971
1 sentence

2014(Southeastern Promotions, Ltd. v. Conrad (1975) 420 U.S. 546, 558 ; Bantam Books, Inc. v. Sullivan (1963) 372 U.S. 58, 70 ; New York Times Co. v. 9 That is not to say that Ms. Shoemaker could not bring a defamation action or other tort action, including invasion of privacy, or intentional infliction of emotional distress against Mr. Gianopolous. 19 United States (1971) 403 U.S. 713, 714 ; Organization for a Better Austin v. Keefe (1971) 402 U.S. 415, 419 .) This case involves an injunction issued prior to "a final adjudication on the merits that the speech is unprotected." Hence, the danger po

12014–2014
Alexander v. United States green
scotus · 1993
1 sentence

2013(New York Times Co. v. United States (1971) 403 U.S. 713, 714 [“‘Any system of prior restraints of expression comes to this Court bearing a heavy presumption against its constitutional validity.’ [Citations.]”]; DVD Copy Control Assn., Inc. v. Bunner (2003) 31 Cal.4th 864, 886 .) “The term ‘prior restraint’ is used ‘to describe administrative and judicial orders forbidding certain communications when issued in advance of the time that such communications are to occur.’ [Citation.] Temporary restraining orders and permanent injunctions—i.e., court orders that actually forbid speech activities—a

12013–2013
Hill v. Colorado green
scotus · 2000
1 sentence

2013The fact that the messages conveyed by those communications may be offensive to their recipients does not deprive them of constitutional protection. . . . [P]ublic sidewalks, streets, and ways . . . are ‘quintessential’ public forums for free speech.” (Hill v. Colorado (2000) 530 U.S. 703, 715 .) United States Supreme Court jurisprudence specifies the primary inquiry for analyzing the constitutionality of prior restraints such as the orders in this case. “[W]hen evaluating a content-neutral injunction, we think that our standard time, place, and manner analysis is not sufficiently rigorous.

12013–2013
DVD Copy Control Ass'n, Inc. v. Bunner green
cal · 2003
1 sentence

2013(New York Times Co. v. United States (1971) 403 U.S. 713, 714 [“‘Any system of prior restraints of expression comes to this Court bearing a heavy presumption against its constitutional validity.’ [Citations.]”]; DVD Copy Control Assn., Inc. v. Bunner (2003) 31 Cal.4th 864, 886 .) “The term ‘prior restraint’ is used ‘to describe administrative and judicial orders forbidding certain communications when issued in advance of the time that such communications are to occur.’ [Citation.] Temporary restraining orders and permanent injunctions—i.e., court orders that actually forbid speech activities—a

12013–2013
Haseotes v. Cumberland Farms, Inc. green
mad · 1997
1 sentence

1999Because the order is based on a continuing course of repetitive conduct, this is not a case in which the court is asked to speculate as to the effect of publication.' "]; Haseotes v. Cumberland Farms, Inc. (Bankr.D.Mass.1997) 216 B.R. 690, 695 .) [8] By parity of reasoning, the pervasive use of racial epithets that has been judicially determined to violate the FEHA is not protected by the First Amendment, and such unlawful conduct properly may be enjoined.

11999–1999
Stanley Goldblum, Plaintiff-Respondent v. National Broadcasting Corporation, Defendant-Petitioner green
ca9 · 1978
1 sentence

1983In Goldblum v. National Broadcasting Corp. (9th Cir. 1978) 584 F.2d 904 , the Ninth Circuit vacated the lower court’s order that required the National Broadcasting Company (NBC) to produce a motion picture to the court so that it could be viewed for inaccuracies.

11983–1983

Where else courts name it

CA 8 (1976–2023) NY 8 (1965–2009) LA 6 (1972–1985) NJ 4 (1971–1981) AZ 3 (1984–2026) TN 3 (1967–2004) IL 2 (1967–1988) FL 2 (1985–1986) PR 2 (1971–1983) MA 2 (1994–2009) ID 2 (1981–1981) AL 2 (1974–1975)

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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