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McIntyre v. OHIO ELECTIONS COMMISSION (U.S.S.C. 1995)
Nixon v. Carver, 72 F.3d 633; 1995 U.S. App. LEXIS 35583 (8th 1995)
Shrink Missouri Government PAC v. Nixon 71 F.3d 1422; 1995 U.S. App. LEXIS 35584 (8th Cir. 1995) The 8th Circuit held that District court erred in finding that campaign contribution limits contained in Proposition A of Missouri campaign finance law did not violate a contributor's First Amendment Rights. The U.S. Supreme Court denied cert. 1996 U.S. LEXIS 4294; 64 U.S.L.W. 3868(95-1258, 95-1524). Should other circuits follow the 8th Circuit, state campaign finance limits in several states would be in danger.
Burch v. Barker, 861 F. 2d 1149 (9th Cir. 1988) Blanket pre-distribution review policy based on an "undifferentiated fear" that unofficial student publications might cause a disruption of the orderly operation of the school or cause harm to students is unconstitutional.
Barcik v. Kubiaczyk(Ore., 1995), (pre-publication review of non-school sponsored student newspaper)
DESILETS v. CLEARVIEW REGIONAL BD. OF EDUC.(N.J. 1994) (Relation of school editorial control of school sponsored student newspaper to the educational mission of the school)
Chandler v. McMinnville School Dist (9th Cir, 1994) (The passive expression of a viewpoint in the form of a button worn on one's clothing does not on its face meet the "forecast standard" of Tinker.)
ROSENBERGER et al. v. RECTOR AND VISITORS OF UNIVERSITY OF VIRGINIA et al., Docket 94-329 (USSC, 1995) [See Public Forum]
State v. Mitchell(U.S.S.C. 1992)
R.A.V. v. City of St. Paul(U.S.S.C. 1992)
CAPITOL SQUARE REVIEW AND ADVISORY BOARD et al. v. PINETTE et al. Docket 94-780 (USSC, 1995). (See Public Forum)
Knight Riders of the Ku Klux Klan v. City of Cincinnati, 72 F.3d 43, 1995 U.S. App. LEXIS 36548 (6th Cir. 1995)
QUALITEX CO. v. JACOBSON PRODUCTS CO., INC (U.S.S.C. 1995)
Feist Publications, Inc. v. Rural Tel. Serv. Co. , 499 U.S. 340 (1991) [LII]
Collection of Data -- Absent sufficient creative effort, the collection of data is insufficient to establish an original work for purposes of copyright.
Sony Corp. of Am. v. Universal City Studios, Inc., 464 U.S. 417 (1984) [LII/Lexis]
Videotaping of copyrighted materials for home use falls within the category of fair use.
LEBRON v. NATIONAL RAILROAD PASSENGER CORPORATION (U.S.S.C. 1995) Syllabus; Opinion; Dissent
HURLEY et al. v. IRISH-AMERICAN GAY, LESBIAN AND BISEXUAL GROUP OF BOSTON etal., Docket 94-749 (USSC, 1995) (Parades are expressive conduct and the State may not require private speaker parade organizers to include marchers who hold views in conflict with the organizer's views).
ROSENBERGER et al. v. RECTOR AND VISITORS OF UNIVERSITY OF VIRGINIA et al., Docket 94-329 (USSC, 1995)(Where state funds student publications, absent a compelling reason grounded in the Establishment clause it may not deny funding to a private student-run religious publication).
CAPITOL SQUARE REVIEW AND ADVISORY BOARD et al. v. PINETTE et al. Docket 94-780 (USSC, 1995). (Private religious speech is as fullyprotected under the Free Speech Clause as secular private expression. In a traditional public forum, state regulation of a KKK cross must be necessary, and narrowly drawn, to serve a compelling state interest).
O'HARE TRUCK SERVICE v. CITY OF NORTHLAKE (USSC 1996) On the same day that the Court decided Wabaunsee County , it decided another independent contractor case. The Court held that government may use political support or affiliation as a criteria in awarding contracts, but only where political affiliation is "is an appropriate requirement." "The government may not," the Court said, "coerce support...unless it has some justification beyond dislike of the individual's political association.
WABAUNSEE COUNTY, KANSAS v. UMBEHR (USSC 1996)
The Court held that the First Amendment does provide some protection for a contractor who claimed his contract with the county was terminated because of his public criticism of the county government. The Court previously had addressed the question of the First Amendment rights of government employees and here it held that the balancing test from Pickering v. Board of Ed. of Township High School Dist. 391 U.S. 563, 568 could be adapted to fit the independent contractor - government relationship.
UNITED STATES et al. v. NATIONAL TREASURY EMPLOYEES UNION et al.
WATERS ET AL. v. CHURCHILL ET AL., 114 S. Ct. 1878; 1994 U.S. LEXIS 4104 (U.S. 1994)
Jeffries v. Harleston(reversed, April 1995) 21 F.3d 1238; 1994 U.S. App. LEXIS 8027
UNITED STATES v. X-CITEMENT VIDEO, INC., et al., No. 93-723 (USSC 1994) ( Protection of Children Against Sexual Exploitation Act of 1977 is constitutional)
See also, Ballot Measure #31
State of Oregon v. Michael R. Stoneman, (CC 90-12-5153-C) (CA A70085) (SC S42085) (Or. 1996)
State statute criminalizing child pornography does not violate Art. 1 Sec. 8 because it is directed at the harmful effects of speech.
Texas v. Johnson, 491 U.S. 397; 109 S. Ct. 2533; 1989 U.S. LEXIS 3115; 105 L. Ed. 2d 342; 57 U.S.L.W. 4770 (U.S. 1989).
United States v. Eichman, 496 U.S. 310; 110 S. Ct. 2404; 1990 U.S. LEXIS 3087; 110 L. Ed. 2d 287; 58 U.S.L.W. 4744 (1990).
Cable Television
DENVER AREA ETC v. FCC (USSC 1996)
The U.S. Supreme Court held that a section of the Cable Television Consumer Protection Act of 1992 requiring cable systems operators to block "indecent"content on leased-access cable channels unless a viewer requested it, and a section encouraging cable operators to prohibit indecent programming on public-access channels violated the First Amendment; but upheld a section encouraging cable operators to prohibit indecent programming on leased-access channels.
New York Times v. Sullivan, 376 U.S. 254, 84 S. Ct. 710, 1964 U.S. LEXIS 1655, 1 Media L. Rep. 1527 (USSC 1964)
Miller v. Water Wonderland Improvement Dist., S43442, A88388.
The Oregon Supreme Court accepted this case for review in August, 1996. In a narrowly focused opinion that did not rely on the Oregon Public Records Law, the Court of Appeals held that the improvement district is not a public body and therefore is not governed by the Pubic Records law.
Ct. Appeals decision: 141 Ore. App.403, 918 P.2d 849, 1996 Ore. App. LEXIS 799 (Or. App. 1995)
