Freedom of Expression

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Virginia v. Black; A state statute banning cross burning with the intent to intimidate another person is not unconstitutional, but the establishment of criminal intent from the prohibited act itself violates the First Amendment; content-based restriction.

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Equal Protection Requires Plausible Reasons

U.S. Railroad Retirement Board v. Fritz; A federal statute does not violate equal protection if Congress could have had a ratoinal reason for treating similarly situated people differently in social or economic regulations.

Commercial Speech

Central Hudson Gas v. Public Service Commission; Restrictions on commercial speech must serve a substantial government interest, restrict speech in the most limited way possible, and must not restrict speech unrelated to the government interest.

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.

Right of Free Association

NAACP v. Alabama; Curtailment by the state of the fundamental right of free association will be found unconstitutional unless it is show to be necessary to the achievement of a compelling government interest.

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.

Campaign Finance

Arizona Free Enterprise Club's Freedom Club PAC v. Bennett; Arizona Citizens Clean Elections Act; matching funds substantially burdens protected political speech without serving a compelling state interest and violates 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.

Criminal Libel

Beauharnais v. Illinois; libel is not a constituionally protected speech; Free Speech; "clear and present danger" instruction to jury not required; racism; racist petition; slander.

Freedom Of Expressive Association

Boy Scouts of America v. Dale; BSA allowed to discriminate against homosexuals; gay or lesbian scout leader; First Amendment expressive associational right; freedom of expressive association; Eagle Scout; morally straight; LGBT.

Terrorist Free Speech

Holder v. Humanitarian Law Project; prohibiting the provision of material support to foreign terrorist organizations does not ban pure political speech or prohibit independent advocacy or expression of any kind; it prohibits material support; Free Speech; First Amendment.

Purient Interests

Roth v. United States; When an average person applying contemporary community standards feels that the dominant theme, taken as a whole, appeals to purient interests, the government can regulate the material as obscene. Pornography.

Mobile v. Bolden

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