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Hurley v. Irish-American Gay Group of Boston (doc. #: 94-749) (1995)  [Findlaw]

Secondary Link Hurley v. Irish-American Gay Group of Boston  [Legal Information Institute]
Argument Date 04/25/1995
Decided 06/19/1995
Supreme Court Vote 9-0
Supreme Court Ruling First Amendment claim sustained.
IssueWhether the government can require the organizers of a private parade to include a group with whose message they disagree.
Case Summary & Additional Resources
Majority Opinion Souter, J.
Lower Court Supreme Court of Appeals of West Virginia
Lower Court Ruling First Amendment claim denied.
Oral Arguments Oral Arguments  [Oyez]
For Petitioner
Chester Darling

For Respondent
John Ward

For Amicus
American Civil Liberties Union

Anti-Defamation League et al. (supporting Respondent)

Boy Scouts of America (supporting Petitioner)

Catholic War Veterans of the United States of America, Inc. (supporting Petitioner)

Center for Individual Rights et al. (supporting Petitioner)

Christian Legal Society et al. (supporting Petitioner)

Irish Lesbian and Gay Organization et al. (supporting Respondent)

News Stories & Commentary
AP, "Boston can't let protesters crash St. Patrick's Day parade" (12/31/03)

AP, "Federal jury hears gay group's free-speech case against NYC" (02/04/2000)

Opinion - Lower Court
Irish-American Gay, Lesbian and Bisexual Group of Boston v. Boston, 418 Mass. 238, 636 N.E.2d 1293 (Mass., 1994)
Chemerinsky, Erwin, CONSTITUTIONAL LAW: PRINCIPLES & POLICIES (2nd ed., 2000), sect.
Duncan, Dwight, "Parading the First Amendment Through the Streets of South Boston," 30 New England Law Review 663 (1996)
Johnson, Steffen, "Expressive Association & Organizational Autonomy," 85 Minnesota Law Review 1639 (2001)
Note, "Authorship and Autonomy as Rites of Exclusion: The Intellectual Propertization of Free Speech in Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston, 49 Stanford Law Review 143 (1996)
Note, "Marching Toward Equality: The Positive Implications of Hurley v. Irish-American Gay, Lesbian, and Bi-sexual Group of Boston for the Gays Rights Movement," 43 Wayne Law Review 233 (1996)
Van Ness, Gretchen, "Parades and Prejudice: The Incredible True Story of Boston's St. Patrick's Day Parade and the United States Supreme Court," 30 New England Law Review 625 (1996)
Yackle, Larry, "Parading Ourselves: Freedom of Speech at the Feasts of St. Patrick," 73 Boston University Law Review 791 (1993) (pre-Hurley)
Zaleskas, Kristine, "Pride, Prejudice or Political Correctness? An Analysis of Hurley v. Irish-American Gay, Lesbian & Bisexual Group of Boston," 29 Columbia Journal of Law & Social Problems 507 (1996)
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