Parental status that rises to the level of a constitutionally protected liberty interest does not rest solely on biological factors, but rather, is dependent upon an actual relationship with the child where the parent assumes responsibility for the child’s emotional and financial needs. Stuart S. v. Heidi R., 2015 WI App 19, 360 Wis. 2d 388, 860 N.W.2d 538, 14-1487.

I,2Slavery prohibited. Section 2. There shall be neither slavery, nor involuntary servitude in this state, otherwise than for the punishment of crime, whereof the party shall have been duly convicted.

I,3Free speech; libel. Section 3. Every person may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right, and no laws shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions or indictments for libel, the truth may be given in evidence, and if it shall appear to the jury that the matter charged as libelous be true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.

A city can validly prohibit picketing private homes when the subject of the picketing has no relationship to any activity carried on there. City of Wauwatosa v. King, 49 Wis. 2d 398, 182 N.W.2d 530 (1971).

A journalist has a constitutional right to the privilege not to disclose sources of information received in a confidential relationship, but when such confidence is in conflict with the public’s overriding need to know, it must yield to the interest of justice. The state need not affirmatively demonstrate proof of compelling need or lack of an alternative method of obtaining the information sought when the crimes involved and the prevention of repetition of those crimes constitute a compelling need. State v. Knops, 49 Wis. 2d 647, 183 N.W.2d 93 (1971).

Only that portion of an obscenity ordinance defining obscenity in Roth-Memoirs terms is unconstitutional, and the remainder is a viable, effective ordinance when supplemented by the Chobot, 61 Wis. 2d 354 (1973), obscenity definition as augmented by the “community standards” definition. City of Madison v. Nickel, 66 Wis. 2d 71, 223 N.W.2d 865 (1974).

Prohibiting the solicitation of prostitutes does not violate the right of free speech. Shillcutt v. State, 74 Wis. 2d 642, 247 N.W.2d 694 (1976).

When a radio talk show announcer was fired for allowing talk show guests to slander minorities, the announcer’s right of free speech was not infringed. Augustine v. Anti-Defamation League of B’nai B’rith, 75 Wis. 2d 207, 249 N.W.2d 547 (1977).

When the record did not indicate that a tenant union provided inadequate, unethical, or complex legal advice to tenants, the tenant union’s information service was protected by free speech guarantees. Hopper v. City of Madison, 79 Wis. 2d 120, 256 N.W.2d 139 (1977).

The public’s right to be aware of all facts surrounding an issue does not interfere with the right of a newspaper to reject advertising. Wisconsin Ass’n of Nursing Homes, Inc. v. Journal Co., 92 Wis. 2d 709, 285 N.W.2d 891 (Ct. App. 1979).

Setting procedures to determine whether a journalist may properly invoke privilege to prevent disclosure of confidential sources. State ex rel. Green Bay Newspaper Co. v. Circuit Court, 113 Wis. 2d 411, 335 N.W.2d 367 (1983).

The right of free speech applies against state action, not private action. Jacobs v. Major, 139 Wis. 2d 492, 407 N.W.2d 832 (1987).

News gatherers have no constitutional right of access to disaster scenes beyond that accorded the general public. City of Oak Creek v. King, 148 Wis. 2d 532, 436 N.W.2d 285 (1989).

Commercial speech is protected by the 1st amendment. The government must show that a restriction directly advances a substantial interest for it to be constitutional. City of Milwaukee v. Blondis, 157 Wis. 2d 730, 460 N.W.2d 815 (Ct. App. 1990).

A sentence based on an activity protected by the 1st amendment is constitutionally invalid, but when a sufficient link to criminal activity is shown, the activity is no longer protected. State v. J.E.B., 161 Wis. 2d 655, 469 N.W.2d 192 (Ct. App. 1991).

Although music is accorded a presumption of being protected speech, an ordinance prohibiting all unreasonable noise was not an unconstitutionally vague encroachment on free speech. City of Madison v. Baumann, 162 Wis. 2d 660, 470 N.W.2d 296 (1991).

An employee’s free speech rights were not violated when the employer’s need for confidentiality and discipline clearly outweighed the employee’s interest in disclosing confidential information. Barnhill v. Board of Regents, 166 Wis. 2d 395, 479 N.W.2d 917 (1992).

The 1st amendment rights of inmates are subject to limitation and regulation. Interception and withholding of inter-inmate correspondence was reasonable. Yoder v. Palmeri, 177 Wis. 2d 756, 502 N.W.2d 903 (Ct. App. 1993).

Whether a restriction on nude dancing is overbroad depends on whether the ordinance is targeted at curbing only harmful secondary effects of exotic clubs. Fond du Lac County v. Mentzel, 195 Wis. 2d 313, 536 N.W.2d 160 (Ct. App. 1995), 94-1924.

The state’s power to ban the sale of alcoholic beverages under the 21st amendment includes the lesser power to ban nude dancing on premises where alcohol is served. Schultz v. City of Cumberland, 195 Wis. 2d 554, 536 N.W.2d 192 (Ct. App. 1995), 94-3106.

Discussing restrictions upon the free speech rights of inmates. Lomax v. Fiedler, 204 Wis. 2d 196, 554 N.W.2d 841 (Ct. App. 1996), 95-2304.

A zoning ordinance that did not set aside any area where an adult bookstore would be allowed was impermissible. Town of Wayne v. Bishop, 210 Wis. 2d 218, 565 N.W.2d 201 (Ct. App. 1997), 95-2387.

A public nudity ordinance will meet a challenge that it is facially overbroad if it is drafted in a manner that addresses the secondary effects of adult entertainment without suffocating protected expression in a real and substantial manner. Lounge Management, Ltd. v. Town of Trenton, 219 Wis. 2d 13, 580 N.W.2d 156 (1998), 96-1853.

Obscenity is, and has been, an abuse of the right to speak freely on all subjects under the state constitution. The breadth of protection offered by the Wisconsin Constitution in the context of obscenity is no greater than that afforded by the 1st amendment. County of Kenosha v. C&S Management, Inc., 223 Wis. 2d 373, 588 N.W.2d 236 (1999), 97-0642.

When an ordinance regulates 1st amendment activities, the government normally has the burden of defending the regulation beyond a reasonable doubt, but when prior restraints are concerned and the government action at issue is the review of an applicant’s qualifications for a business license, the city does not bear the burden of going to court to effect the denial of a license, nor does it bear the burden of proof once in court. City News & Novelty, Inc. v. City of Waukesha, 231 Wis. 2d 93, 604 N.W.2d 870 (Ct. App. 1999), 97-1504.

Unfiled pretrial materials in a civil action between private parties are not public records and neither the public nor the press has either a common law or constitutional right of access to those materials. State ex rel. Mitsubishi Heavy Industries America, Inc. v. Circuit Court, 2000 WI 16, 233 Wis. 2d 1, 605 N.W.2d 868, 99-2810.