Constitutional Law—Due Process—Property Interest—Government Employment—State Law Defines Limitation of Entitlement. Jensen. 1977 WLR 575.

An adult bookstore has no right to protect the privacy rights of its customers in a public, commercial establishment. City News & Novelty, Inc. v. City of Waukesha, 170 Wis. 2d 14, 487 N.W.2d 316 (Ct. App. 1992).

A narrowly drawn anti-cruising ordinance did not violate the right to assemble or travel. Scheunemann v. City of West Bend, 179 Wis. 2d 469, 507 N.W.2d 163 (Ct. App. 1993).

The right to intrastate travel, including the right to move about one’s neighborhood in an automobile, is fundamental, but infringements on the right are not subject to strict scrutiny. Cruising ordinances, reasonable in time, place, and manner, do not violate this right. Brandmiller v. Arreola, 199 Wis. 2d 528, 544 N.W.2d 894 (1996), 93-2842.

A father who intentionally refused to pay child support could, as a condition of probation, be required to avoid having another child, unless he showed that he could support that child and his current children. In light of the defendant’s ongoing victimization of his children and record manifesting his disregard for the law, this condition was not overly broad and was reasonably related to the defendant’s rehabilitation. State v. Oakley, 2001 WI 103, 245 Wis. 2d 447, 629 N.W.2d 200, 99-3328.

Banishment from a particular place is not a per se violation of the right to travel. There is no exact formula for determining whether a geographic restriction is narrowly tailored. Each case must be analyzed on its own facts, circumstances, and total atmosphere to determine whether the geographic restriction is narrowly drawn. Predick v. O’Connor, 2003 WI App 46, 260 Wis. 2d 323, 660 N.W.2d 1, 02-0503.

In order for a putative biological father to have the necessary foundation for a constitutionally protected liberty interest in his putative paternity, he would have to have taken affirmative steps to assume his parental responsibilities for the child. Randy A.J. v. Norma I.J., 2004 WI 41, 270 Wis. 2d 384, 677 N.W.2d 630, 02-0469.

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).