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Home > Case Law > Constitutional Law > Florida Lime and Avocado Growers, Inc. v. Paul, Director, Dept. of Agriculture of California

Florida Lime and Avocado Growers, Inc. v. Paul, Director, Dept. of Agriculture of California Cartoons

Florida Lime and Avocado Growers, Inc. v. Paul, Director, Dept. of Agriculture of California

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Conflict preemption requires impossible compliance with both federal and state regulations.

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Economic Regulation

Williamson v. Lee Optical; Economic regulation is constitutional if there exists some hypothetical rationale for the legislation.

The Contracts Clause

Home Building And Loan Association v. Blaisdell; Supreme Court looses restraints imposed by Contract Clause in time of economic emergency so state can legislatively alter remedies for the collection of debts if reasonably related to a public purpose.

Appeal of Termination of Parental Rights

M.L.B. v. S.L.J.; Equal Protection prohibits States from denying an appeal to a party whose parental rights are terminated just because she cannot afford to pay for the required trial transcript. Must provide the transcript for indigent party's appeal.

State Action

Jackson v. Metropolitan Edison Co.; State action may be found in a private party's action only if is a sufficient connection between the state and the challenged action, something more than just a connection between the state and private party.

Time Place and Manner Restrictions

Members of City Council v. Taxpayers for Vincent; An incidental restriction on expression is justified as a reasonable regulation of time, place or manner of expression so long as the restriction is narrowly-tailored to serve significant government interest.

Symbolic Speech Expression

Clark v. Community for Creative Non-Violence; Symbolic expression is subject to reasonable time, place and manner restrictions if without reference to the content of the regulated speech, narrowly-tailored and leave ample alternative communication.

Least Restrictive Means for Personal Liberties

Gibson v. Florida Legislative Investigation Committee; Impinging on the right of free association, free speech, press and petition requires convincing showing of substantial relationship between restriction and overriding and compelling state interest.

Taxes Can Violate Free Speech

Minneapolis Star and Tribune Co. v. Minnesota Commissioner of Revenue; Differential treatment of the press causes a presumption of a purpose to suppress expression, so subject to strict scrutiny. Here a tax was struck down.

Teaching Religion in Schools

Edwards v. Aguillard; A law that promotes a particular religious doctrine in the public schools violates the Establishment Clause of the First Amendment.

DNA Evidence

District Attorney's Office for the Third Judicial District v. Osborne; exonerating DNA testing; no post-conviction constitutional right to access DNA evidence; due process.

Civil Commitment

United States v. Comstock; Necessary and Proper Clause; confinement; mentally ill, sexually dangerous prisoners detained beyond the date of release; hold pedophile; child molestation; sentencing; Adam Walsh Child Protection and Safety Act.

Texas v. Johnson

Burning the American flag, freedom of expression, first amendment, symbolic speech.

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Florida Lime and Avocado Growers, Inc. v. Paul, Director, Dept. of Agriculture of California

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