Indecent Words Regulation By The FCC

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FCC v. Pacifica Foundation; Indecent words not used to express political or social opinions can, in the broadcast media, be left unprotected by the First Amendment and thereby be restricted by the government.

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Economic Regulation

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

Land Use Regulation As A Taking

Pennsylvania Coal Co. v. Mahon; A land use regulation that severely restricts land use rights can constitute a taking, which is unconstitutional unless just compensation is paid by the government.

Gerrymandering

Davis v. Bandemer; Courts will review political gerrymandering controversies. For a violation of equal protection must prove both intentional discrimination against an identifiable political group and an actual discriminatory effect on that group.

Civil Rights Cases

Racial discrimination by purely private acts of private individuals will not violate the thirteenth amendment or fourteenth amendment. State Action; Quasi-public employment; badges and incidents of slavery.

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.

Litigation as Political Expression

NAACP v. Button; When litigation is used as a form of political expression the government may limit it only if there is a 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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Indecent Words Regulation By The FCC

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