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Index of Cases & Documents |
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Index of cases and other documents on the Communication Law website . The index includes only those cases added to the site over the last six months to a year.
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Index of Cases & Documents |
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Index of cases and other documents on the Communication Law website . The index includes only those cases added to the site over the last six months to a year.
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Case Law
ACLU v. Reno, NO. 98-5591 (E.D. Pa., Feb., 1999) (RENO II) The district court enjoined enforcement of the Child Online Protection Act.
APOLLOMEDIA CORPORATION v.RENO, No. C-97-346 MMC (N.Calif., 1998), affirmed, ___ U.S. ____ (1999). Internet Obscenity
Matthew Bender v West Publishing Co., ___F 3d____ (2nd Cir. 1997) cert denied 6/99 [copyright does not protect page numbers and the arrangement of case law] (dissent)
Berger v. Hanlon, ___F 3d___ (1997), cert denied 6/1/99 [A "ride along" case to be reconsidered in light of Wilson v. Layne.]
Berger v. Hanlon, 129 F. 3d 505 (9th Cir. 1997)
CCNV v. Reid 490 U.S. 730 (1989)
Free Speech Coalition v. Reno, ___ 3rd __ (9th Cir., 1999) In the Child Pornography Prevention Act the phrases "appears to be" a minor, and "convey[s] the impression" that the depiction portrays a minor , are vague and overbroad and thus do not meet the requirements of the First Amendment. Consequently we hold that while these two provisions of the Act do not pass constitutional muster, the balance of the Child Pornography Prevention Act is constitutional when the two phrases are stricken. Whether the statutory affirmative defense is constitutional is a question that we leave for resolution in a different case.
Gonzales v. National Broadcasting Company, Inc., ___ F 3rd___ (2nd., 1999).
Greater New Orleans Broadcasting Assn. v. U. S. , ___ U.S. ____ (1999) [FCC regulations limiting advertising about casino gambling held unconstitutional]
HILL v. COLORADO, 973 P.2d 1246; 1999 Colo. LEXIS 149 (Col., 1999) Legislation creating "floating buffer zones" to protect clients at abortion clinics satisfy First Amendment standards. The Court relied on Ward v. Rock Against Racism rather than Schenck v. Pro-Choice Network, "because the standard announced in Ward permits greater deference for legislative enactments regulating speech than the Schenck standard, which places greater limitations upon the judicial regulation of speech through injunctive proceedings."
Brian "KATO" Kaelin v. Globe Communications, ____F. 3rd____ (9th Cir. 1998)
Kincaid v. Gibson, ___ F. Supp. ___ (E.D. Ky., 1997).
Lepelletier v. FDIC, ___F 3rd___ (D.C., 1999).
MADSEN et al. v. WOMEN'S HEALTH CENTER, INC, __U.S.___ (U.S. 1994)
NUNEZ v. DAVIS, ___ Fd ___ (9th Cir., 1999). Symbolic Speech.
Oregonian v. Portland Sch. Dst. , ___OR.___ (1999) The classification of exempt from disclosure "personnel file" information under the Oregon Public Records Act is determined by the content of the information, rather thanits location in an agency's files.
ONPA v. OREGON DEPARTMENT OF CORRECTIONS, ___ Or. ___ (OR. 1999) Nondisclosure rules requiring witnesses to executions to sign and abide by agreement setting out restrictions and conditions on the information they may release, OAR 291-024-0017 and 291-024-0020, are invalid, to the extent that they purport to place limits on the expression rights of persons who are granted by ORS 137.473 a right to be present at executions. We further hold that the limited access rules, OAR 291-024-0065, 291-024-0070, and 291-024-0080, are invalid, because they limit too severely the activities that the witnesses may see.
Reno v. Condon, ___U.S. ___ (1999) The Court upheld the Driver's Privacy Protection Act of 1994 (the "Boxer Amendment). It rejected federalism arguments that the DPPA was in violation of the 10th and 11th Amendments.
Reeseman v.Highfill, 965 P.2d 1030 (Ore., 1998). The Supreme Court of Oregon rejected a claim of implied defamation. In order for a plaintiff to successfully allege defamation by implication, the court said, the inference that the plaintiff seeks to draw from the facially non-defamatory communcation must be reasonable.
RENO v. AMERICAN CIVIL LIBERTIES UNION, 117 S. Ct. 2329 (1997) The CDA's "indecent transmission" and "patently offensive display" provisions abridge "the freedom of speech" protected by the First Amendment.
Rounds v. OSSHE, ___ F 3rd, ___ (9th Cir., 1999)
SCHENCK v. PRO CHOICE NETWORK OF WESTERN NEW YORK, ___U.S.___(1997) An injunction imposing "fixed buffer zone" limitations on demonstrators at abortion clinicsare constitutional, but provisions imposing "floating buffer zone" limitations violate the First Amendment.
Springfield Sch. Dst. v. Guard Publishing, ____Or. App.___, 26 M.L.R. 2594 (Or. App. 1998).
Stranahan v. Fred Meyer, ___ Or. App. ___, (1998)
United Reporting Publishing Corp.v. California Highway Patrol, ___ 3rd___ (9th Cir. 1998).
Utah, v. Krueger & Sawyers, 1999 UT App 054 (Utah App., 1999)
Ward v. Rock Against Racism, 491 U.S. 781 (1989) New York City's sound-amplification guideline is valid under the First Amendment as a reasonable regulation of the place and manner of protected speech.
Wilson v. Layne, ___ U.S. ____ (1998) A media "ride-along" in a home violates the Fourth Amendment.
Other Materials
Digital Millennium Copyright Act
Copyright Office Study on Distance Education
ORS 802.177 Prohibition on release of personal information from motor vehicle records.
