First Amendment topicsAbout the First Amendment
Court Term: 2002-2003
   Petitions Filed
Freedom of Expression-Related
  Review Granted
  Connecticut Department of Public Safety v. John Doe
  Whether the Due Process Clause of the Fourteenth Amendment prevents a State from listing convicted sex offenders in a publicly disseminated registry without first affording such offenders individualized hearings on their current dangerousness.
  Pierce County v. Guillen
  Under 23 U.S.C. 152, a state that wishes to obtain federal funding for a highway safety improvement project must identify hazardous locations, assign priorities for the corrections of such hazards, and establish and implement a schedule for their improvement. Section 409 of Title 23 restricts the availability in discovery and use in litigation of reports and data "compiled or collected" by a State pursuant to Section 152 for the purpose of developing a highway safety improvement project that may receive federal funds. Whether respondent may pursue a challenge that the privilege of Section 409 exceeds Congress's powers under Article I of the Constitution, given that the State of Washington and petitioner do not object to that provision. Whether the Supreme Court of Washington erred in concluding that the privilege under Section 409 covers reports and data that were “collected” by a local governmental entity for purposes other than highway safety under Section 152 and that remain in the custody of the official or department that originally obtained the information for non-Section 152 purposes. Whether, properly construed, the privilege afforded by Section 409 for reports and data “collected” for Section 152 purposes is a valid exercise of Congress's powers under Article I of the Constitution.
  Scheidler v. NOW, Inc.
  (1) Did the 7th Circuit correctly hold, in acknowledged conflict with the 9th Circuit, that injunctive relief is available in a private civil action for treble damages brought under the Racketeer Influenced and Corrupt Organizations Act (RICO)? (2) Does the Hobbs Act, which makes it crime to obstruct, delay, or affect interstate commerce "by robbery or extortion," and which defines "extortion" as "the obtaining of property from another, with [the owner's] consent," when such consent is "induced by the wrongful use of actual or threatened force, violence, or fear," 18 U.S.C. §1951(b)(2), criminalize activities of political protesters who engage in sit-ins and demonstrations that obstruct public's access to a business's premises and interfere with the freedom of putative customers to obtain services offered there?
 Petitions for Review (pending cases)
  Playgirl, Inc. v. Solano
  Unauthorized use of photo on cover of magazine / false light tort claim & misappropriation of right of publicity: his “Baywatch” character, under a heading reading: The January 1999 issue of Playgirl magazine featured a cover photograph of actor Jose Solano, Jr., best known for his role as “Manny Gutierrez” on the syndicated television program “Baywatch” from 1996 to 1999. Solano was shown shirtless and wearing his red lifeguard trunks, the uniform of “TV Guys. PRIMETIME’S SEXY YOUNG STARS EXPOSED.” Playgirl, ostensibly focused on a female readership, typically contains nude photographs of men in various poses emphasizing their genitalia, including some showing them engaged in simulated sex acts. The magazine also contains written editorial features. Although Solano — who did not pose for or give an interview to Playgirl — did not in fact appear nude in the magazine, he sued Playgirl alleging it deliberately created the false impression that he did so, making it appear he was willing to degrade himself and endorse such a magazine.
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