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Break Down of Cases by Doctrine

Break Down of Cases by Doctrine - Break Down of Cases by...

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Unformatted text preview: Break Down of Cases by Doctrine/Justice (applicable Justice) Freedom of Speech: 1. Turner Broadcasting System, Inc v. FCC (1994) – pp.1205-1247 a. Kennedy delivered opinion : “Must carry” legislation do not violate 1 st amendment; they further important governmental interests and do not substantially burden more speech than necessary. b. O’Connor, Scalia, Ginsburg, Thomas – concurring/dissenting: Here, court is favoring 1 form of speech to detriment of another. 2. Boos v. Barry (1988) a. O’Connor delivered opinion – If a restriction on speech is not content-neutral, it is subject to SS 3. Republican Party of Minnesota v. White (2002) a. Scalia delivered opinion – It is a violation of the 1 st am to prohibit judicial candidates from announcing views on disputed legal or political issues. b. Stevens, Souter, Ginsburg, Breyer dissented – this decision could lead to the judiciary behaving as politicians. 4. City of Renton vs. Playtime Theatres, Inc (1986) a. A municipality may enact content-neutral zoning regulations limiting the area where adult theatres may operate. 5. Pleasant Grove case 6. National Endowment for the Arts v. Finley (1998) a. O’Connor delivered opinion – Congress can take into account “decency” and restrict speech that it is subsidizing when it is forced to choose based upon content. b. Souter dissented – Decency/respect criteria forces viewpoint-based decisions in disbursement of gov’t subsidies and violates 1 st amendment. 7. U.S. v. American Library Ass’n (2003) a. Plurality: Rehnquist delivered opinion, O’Connor, Scalia, Thomas – public library can block software so that “adult” things can’t be seen on public computers b. Kennedy concurred, Breyer concurred c. Stevens dissented, Souter & Ginsberg dissented (local libraries should do this on their own, etc.) Vagueness & Overbreadth pp. 1247-1254 No main cases read Prior Restraints pp.1254-1273 (OMIT pp....
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