First Amendment topicsAbout the First Amendment
2007-2008 Supreme Court Term
   Petitions Filed
 
Freedom of Expression
 
  Review Granted
  Crawford v. Marion County Election Board
  Whether a state law requiring voters to have a photo ID violates the Petitioners' First Amendment rights.
  Davis v. Federal Election Commission
  Whether BCRA’s so-called "Millionaire’s Amendment," which relaxes campaign finance limits for opponents of congressional candidates spending more than $350,000 of their own money, violates either the First or Fifth Amendments.
  Indiana Democratic Party v. Rokita
  Whether a state law requiring voters to have a photo ID violates the petitioners' First Amendment rights.
  Locke v. Karass
  May a union, functioning as the exclusive bargaining agent for certain state employees, charge nonmembers for litigation expenses incurred by its national affiliate, if that litigation is substantively related to the bargaining process and is funded through a pooling arrangement?
  Major League Baseball Advanced Media, et al. v. C.B.C. Distribution and Marketing, Inc.
  Whether the First Amendment trumps state rights of publicity laws for online fantasy baseball providers seeking to use the names and statistics of major league players.
  New York State Board of Elections v. Lopez Torres
  What is the appropriate scope of First Amendment rights of voters and candidates within the arena of intraparty competition, and particularly where the State has chosen a party convention instead of a primary as the nominating process?
  United States v. Williams
  The PROTECT ACT prohibits "knowingly advertis[ing], promot[ing], present[ing], distribut[ing], or solicit[ing] any material or purported material in a manner that reflects the belief, or that is intended to cause another to believe, that the material or purported material is illegal child pornography." Whether that section of the Act is overly broad and impermissibly vague, and thus facially unconstitutional.
  Washington el al v. Washington State Republican Party et al
  Whether a so-called "blanket primary" is truly non-partisan if candidates are allowed to identify their parties on the common ballot, and the top two winners are nominated to run in the general election. The Democratic, Republican and Libertarian Parties challenge the law, claiming that it unconstitutionally restrains their supporters’ freedom of association.
  Washington State Grange v. Washington State Republican Party
  Whether a so-called "blanket primary" is truly non-partisan if candidates are allowed to identify their parties on the common ballot, and the top two winners are nominated to run in the general election. The Democratic, Republican and Libertarian Parties challenge the law, claiming that it unconstitutionally restrains their supporters’ freedom of association.
  Ysursa, Idaho Secretary of State, et al v. Pocatello Education Association, et al
  Whether the First Amendment bars the Idaho legislature from denying payroll deductions by local governments for political activities.
 Petitions for Review (pending cases)
  Covenant Media of South Carolina, LLC v. City of North
  Whether a restricting billboard ordinance without a judicial review mechanism violates the First Amendment.
  Gilles v. Blanchard, et al.
  (1) Whether an open area on a public university’s campus should be considered a public forum for speech purposes; and (2), whether campus officials can exercise "unbridled discretion" in regulating speech on public university property, even if the speech occurs in a nonpublic forum.
  Heideman v. Pocatello Education Association
  Whether Idaho’s 2003 Voluntary Contributions Act, which bans payroll deductions from employees’ wages for political activities, violates the First Amendment as applied to local government and school district employees.
  Koutnik v. Brown, et al
  (1) What the correct First Amendment standard of review is when applied to censorship of prisoner mail; and (2) whether censorship by prison officials on general rehabilitative grounds violates the First Amendment.
 Review Denied
  Gilmer v. Mississippi
  Whether Mississippi’s video voyeurism statute violates the 1st and 14th Amendments insofar as it criminalizes the videotaping of an individual otherwise visible through an open door.
  Hill v. Kemp
  Whether an Oklahoma law that allows for a "Choose Life" plate while not allowing for a license plate with an abortion rights message violates the First Amendment.
  Major League Baseball Advanced Media, et al. v. C.B.C. Distribution and Marketing, Inc.
  Whether the First Amendment trumps state rights of publicity laws for online fantasy baseball providers seeking to use the names and statistics of major league players.
  Memorial Day Weekend Salute v. Wickersham
  (1) Whether non-governmental organizers of public events and festivals - here, a Memorial Day air show - may qualify as 'state actors' under 42 U.S.C. § 1983, and (2) Whether the First Amendment allows the nongovernmental organizers of public events and festivals such as the Memorial Day air show to choose their message without being compelled to include extraneous messages.
  NAM v. Taylor, et al.
  Whether Section 207 of the Honest Leadership and Open Government Act of 2007 chills free speech rights to lobby Congress, etc.
  Novato Unified School District v. Smith
  Whether a high school principal’s critical response to a student's provocative newspaper editorial on immigration violated the First Amendment.
  Pooh Bah Enterprises, Inc. v. City of Chicago
  (1) Whether strict scrutiny is required to review the regulation of expressive conduct where the government has not demonstrated that the expression has adverse secondary effects? (2) Whether a city ordinance regulating sexually-oriented expression may be upheld where the trial court found that the "record is devoid of the existence of even potentially harmful secondary effects?" (3) Whether a reviewing court is required under the First Amendment to remand for further evidence where it has reversed a mid-trial directed finding of unconstitutionality, and the challenger has not completed its rebuttal of the government’s asserted justifications for regulation?
  Village of Glendale v. Pagan
  Whether the First Amendment requires municipalities to justify ordinances barring placement of “For Sale” signs in car windows by presenting evidence beyond their own belief in the need for regulation
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