A sidewalk is a “public forum.” The prohibition of leaflets denied free speech. United States v. Grace, 461 U.S. 171, 103 S. Ct. 1702, 75 L. Ed. 2d 736 (1983).
The government’s substantial interest in maintaining the park in the heart of the capital in an attractive condition sustained a regulation against camping or overnight sleeping in public parks. Free speech was not denied. Clark v. Community for Creative Non-Violence, 468 U.S. 288, 104 S. Ct. 3065, 82 L. Ed. 2d 221 (1984).
A school district did not violate the free speech clause by disciplining a student for giving an offensively lewd and indecent speech at a school assembly. Bethel School District No. 403 v. Fraser, 478 U.S. 675, 106 S. Ct. 3159, 92 L. Ed. 2d 549 (1986).
School administrators may exercise control over style and content of student speech in school-sponsored activities as long as control is reasonably related to “legitimate pedagogical concerns.” Hazelwood School District v. Kuhlmeier, 484 U.S. 260, 108 S. Ct. 562, 98 L. Ed. 2d 592 (1988).
A state may not categorically ban targeted, direct-mail advertising by attorneys. Shapero v. Kentucky Bar Ass’n, 486 U.S. 466, 108 S. Ct. 1916, 100 L. Ed. 2d 475 (1988).
A Brookfield ordinance prohibiting picketing of individuals’ residences was not facially invalid. Frisby v. Schultz, 487 U.S. 474, 108 S. Ct. 2495, 101 L. Ed. 2d 420 (1988).
A protester’s conviction for flag desecration violated the right of free speech. Texas v. Johnson, 491 U.S. 397, 109 S. Ct. 2533, 105 L. Ed. 2d 342 (1989).
The 1st amendment prohibits employment decisions concerning low-level public employees from being based upon political patronage. Rutan v. Republican Party of Illinois, 497 U.S. 62, 110 S. Ct. 2729, 111 L. Ed. 2d 52 (1990).
A public indecency statute barring public nudity and requiring dancers to wear pasties and G-strings did not violate the right of free expression. Barnes v. Glen Theatre, Inc., 501 U.S. 560, 111 S. Ct. 2456, 115 L. Ed. 2d 504 (1991).
Press freedom does not confer a constitutional right to disregard promises that would otherwise be enforceable under state law. A possible promissory estoppel action for breaching an agreement to keep a source confidential was not barred. Cohen v. Cowles Media Co., 501 U.S. 663, 111 S. Ct. 2513, 115 L. Ed. 2d 586 (1991).
A county ordinance requiring permits for all parades, public assemblies, and other private uses of public property that gave the county administrator the power to adjust permit fees to meet police expenses incident to the permitted activity violated the 1st amendment because the ordinance lacked narrowly drawn, reasonable, and definite standards guiding the administrator and because it impermissibly required an analysis of the content of the applicant’s message. Forsyth County v. Nationalist Movement, 505 U.S. 123, 112 S. Ct. 2395, 120 L. Ed. 2d 101 (1992).
Exclusion of “fighting words” from free speech protections did not justify a city ordinance banning displays that convey messages of racial, gender, or religious intolerance. A city may not selectively ban fighting words based on the particular idea expressed. R.A.V. v. City of St. Paul, 505 U.S. 377, 112 S. Ct. 2538, 120 L. Ed. 2d 305 (1992).
A city ban on newsracks for commercial publications violated the right to free speech when the city failed to establish a “reasonable fit” between its legitimate interest in safety and aesthetics and the ban. City of Cincinnati v. Discovery Network, Inc., 507 U.S. 410, 113 S. Ct. 1505, 123 L. Ed. 2d 99 (1993).
Denial of the use of a school building to a church seeking to exhibit a film when a nonsectarian group would have been allowed the use of the building to show a secular film on the same topic violated the right of free speech. Lamb’s Chapel v. Center Moriches Union Free School District, 508 U.S. 384, 113 S. Ct. 2141, 124 L. Ed. 2d 352 (1993).
For a government employee’s speech to be protected, the speech must be on a matter of public concern and the employee’s interest in expressing himself or herself on the matter must outweigh the injury the speech could cause the employer in providing public services through its employees. Waters v. Churchill, 511 U.S. 661, 114 S. Ct. 1878, 128 L. Ed. 2d 686 (1994). See also Burkes v. Klauser, 185 Wis. 2d 308, 517 N.W.2d 503 (1994).
A city’s ban on almost all residential signs violated the right of free speech. City of Ladue v. Gilleo, 512 U.S. 43, 114 S. Ct. 2038, 129 L. Ed. 2d 36 (1994).
An Ohio statute prohibiting the distribution of anonymous campaign literature violated the right of free speech. McIntyre v. Ohio Elections Commission, 514 U.S. 334, 115 S. Ct. 1511, 131 L. Ed. 2d 426 (1995).
The selection of the makeup a parade is entitled to free speech protection. A parade sponsor’s free speech rights include the right to deny a group’s participation who intends to convey a message contrary to the sponsor’s. Hurley v. Irish-American Gay, Lesbian & Bisexual Group of Boston, 515 U.S. 557, 115 S. Ct. 2338, 132 L. Ed. 2d 487 (1995).
A state university that funded printing a broad range of student publications but denied funding for a student religious group’s publication violated free speech guarantees and was not excused by the need to comply with the establishment of religion clause. Rosenberger v. Rector & Visitors, 515 U.S. 819, 115 S. Ct. 2510, 132 L. Ed. 2d 700 (1995).
As with government employees whose employment may not be terminated for exercising 1st amendment rights, independent contractors may not have their government contracts terminated for refusing to support a political party or its candidates or for exercising free speech rights. Board of County Commissioners v. Umbehr, 518 U.S. 668, 116 S. Ct. 2342, 135 L. Ed. 2d 843 (1996). See also O’Hare Truck Service, Inc. v. City of Northlake, 518 U.S. 712, 116 S. Ct. 2353, 135 L. Ed. 2d 874 (1996).
Discussing the constitutionality of injunctions restraining actions by abortion clinic protesters. Schenck v. Pro-Choice Network of Western New York, 519 U.S. 357, 117 S. Ct. 855, 137 L. Ed. 2d 1 (1997). But see McCullen v. Coakley, 573 U.S. 464, 134 S. Ct. 2518, 189 L. Ed. 2d 502 (2014).
Assessments against commodity producers under an agricultural marketing order to pay for the costs of generic advertising did not violate the producers’ free speech rights. Glickman v. Wileman Brothers & Elliott, Inc., 521 U.S. 457, 117 S. Ct. 2130, 138 L. Ed. 2d 585 (1997).
A public broadcasting network’s decision to exclude from a televised debate an independent political candidate who had little public support was a reasonable, viewpoint-neutral exercise of journalistic discretion. Arkansas Educational Television Commission v. Forbes, 523 U.S. 666, 118 S. Ct. 1633, 140 L. Ed. 2d 875 (1998).
It is a violation of the 4th amendment for police to bring members of the media or other third persons into a home during the execution of a warrant when the presence of the third persons in the home is not in aid of the execution of the warrant. Wilson v. Layne, 526 U.S. 603, 119 S. Ct. 1692, 143 L. Ed. 2d 818 (1999).
The financing of student organizations through mandatory student fees does not violate the 1st amendment if viewpoint neutrality is the operational principal. Board of Regents v. Southworth, 529 U.S. 217, 120 S. Ct. 1346, 146 L. Ed. 2d 193 (2000).
An ordinance prohibiting public nudity was valid when the government’s asserted interest was combating the secondary effect associated with adult entertainment and was unrelated to suppression of the erotic message of nude dancing. City of Erie v. Pap’s A.M., 529 U.S. 277, 120 S. Ct. 1382, 146 L. Ed. 2d 265 (2000).
A statute that makes it unlawful within regulated areas near a health care facility for any person to knowingly approach within eight feet of another person, without that person’s consent, for the purpose of passing a leaflet or handbill to, displaying a sign to, or engaging in oral protest, education, or counseling with such other person is constitutional. Hill v. Colorado, 530 U.S. 703, 120 S. Ct. 2480, 147 L. Ed. 2d 597 (2000).
Inmate to inmate correspondence that includes legal assistance does not receive more 1st amendment protection than other correspondence. Shaw v. Murphy, 532 U.S. 223, 121 S. Ct. 1475, 149 L. Ed. 2d 420 (2001).
The 1st amendment protects speech that discloses the content of an illegally intercepted telephone call when that speech was by a person not a party to the interception. Bartnicki v. Vopper, 532 U.S. 514, 121 S. Ct. 1753, 149 L. Ed. 2d 787 (2001).