CitationDeshaney v. Winnebago County Dep’t of Social Services, 489 U.S. 189 (U.S. Feb. 22, 1989) Brief Fact Summary. DeShaney was abused by his father. He sued the county officials for constitutional right violation by failing to remove him from his father’s custody despite their knowledge of the abuse. Synopsis of Rule of Law. Government officials are not violating a minor’s civil rights if they fail to remove him from the custody of a violent guardian, even if they know about the violence of the guardian. ...
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Winter v. Natural Resources Defense Council, Inc.
Citation555 U.S. 7 (2008) Brief Fact Summary. The Natural Resources Defense Council (P) filed a case against the U.S. Navy (the Navy) (D) to stop the use of naval sonar in its training programs, because the sonar might adversely affect marine mammals. A preliminary injunction was granted by a federal district court against the Navy (D) and this was upheld by the U.S. Court of Appeals for the Ninth Circuit. Synopsis of Rule of Law. When a plaintiff seeks a preliminary injunction, he must establish that the case is of such merits as to be likely to succeed, that without the injunction irretrie ...
Davis v. Federal Election Commission
Citation128S.Ct. 2759 (2008) Brief Fact Summary. Jack Davis (P) was a wealthy candidate of the Democratic Party who sued the Federal Election Committee, citing the law which raises the ceiling for campaign contributions for any political candidate whose rival has spent a specified amount from his own personal wealth as unconstitutional. Synopsis of Rule of Law. The Millionaire’s Amendment to the 2002 law on campaign finance, which raises the ceiling for campaign contributions for any candidate who is contesting against a rival financing his own campaign by his own wealth, is a vi ...
Bartnicki v. Vopper
Citation532 U.S. 514 (2001) Brief Fact Summary. Bartnicki (P) and Kane (P) were union representatives whose cell phone conversation was illegally intercepted and recorded at a time when collective-bargaining negotiations were going on, in which they were involved. Vopper (D) was a radio commentator who played a tape of the conversation between the two unionists on his radio show in connection with his news story featuring the negotiated settlement. Bartnicki (P) and Kane (P) filed for damages, one ground being that Vopper (D) with others used the tape on public media despite knowing or having ...
Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd.
Citation545 U.S. 913 (2005) Brief Fact Summary. MGM brought suit against Grokster, Ltd. on the ground that Grokster was responsible for the use of its software by third parties to obtain copyrighted materials unlawfully. Synopsis of Rule of Law. If a party distributes a device with the aim of advertising its use to unlawfully obtain copyrighted materials, it is responsible for the consequent acts of copyright breach committed by third parties using the device. ...
Watchtower Bible and Tract Society of New York v. Village of Stratton
Citation536 U.S. 150 (2002) Brief Fact Summary. The village of Stratton (D) required anyone wishing to do door-to-door canvassing to register with the mayor and to obtain a permit, under an ordinance. The Watchtower Bible and Tract Society of New York (P) filed a suit seeking an injunction against the ordinance. Synopsis of Rule of Law. A municipal ordinance which requires a prospective door-to-door canvasser to register and obtain a prior permit violates the First Amendment. ...
Virginia v. Black
Citation538 U.S. 343 (2003) Brief Fact Summary. Black (D) was convicted under Virginia’s (P) cross-burning statute. He argued that it was an unconstitutional law because under it any cross-burning was treated as prima facie evidence of the intention to create fear in another. Synopsis of Rule of Law. If a state’s cross-burning statute treats any such incident as being on the face of it an intention to intimidate another, it violates the constitution. ...
Vieth v. Jubelirer
Citation541 U.S. 267 (2004) Brief Fact Summary. The Pennsylvania General Assembly (D) drew a map delineating the districts for the congressional elections. The map was challenged by Vieth (P) and others in court, on the basis that the creation of the districts was for the improper purpose of obtaining political advantage, or gerrymandering. Synopsis of Rule of Law. Since the process of creating districts can involve many political considerations none of which are enforceable by the courts under any constitutional provision, gerrymandering cannot be brought into a court of law as a justiciabl ...
United States v. American Library Association, Inc.
Citation539 U.S 194 (2003) Brief Fact Summary. The Children’s Internet Protection Act (CIPA) bars a public library from being eligible for federal Internet assistance unless the library has software in place to screen out obscenity, child pornography or other material which could be dangerous for minor children. The American Library Association, Inc., sued against this law as violating the freedom of speech under the First Amendment. Synopsis of Rule of Law. The Children’s Internet Protection Act (CIPA) which prevents a public library from receiving federal Internet assist ...
Thompson v. Western States Medical Center
Citation. 535 U.S. 357 (2002) Brief Fact Summary. Thompson (P) and other pharmacists sued against an FDA regulation which stated that compounded drugs should not be advertised or promoted if they were to be exempted from the standard requirements for drug approval. They argued that this was a violation of the First Amendment. Synopsis of Rule of Law. Section 503A of the FDA Modernization Act exempts certain drugs from standard process for acquiring drug approval under the condition that such drugs are not promoted or advertised, but this is an illegal restriction of the freedom of commercia ...
Tennessee v. Lane
Citation541 U.S. 509 (2004) Brief Fact Summary. George Lane (P) and Beverly Jones (P) both used wheelchairs. They were not able to enter several courthouses because of non-availability of wheelchair entrances. They sued Tennessee (D) on the ground of Title II of the Americans with Disabilities Act of 1990 (ADA). Tennessee (D) argued that the law was unconstitutional. Synopsis of Rule of Law. Title II of the ADA which prohibits discrimination against disabled persons by public entities is constitutional. ...
Rumsfeld v. Forum for Academic and Institutional Rights, Inc.
Citation547 U.S. 47 (2006) Brief Fact Summary. Law schools barred access to military recruiters citing the military forces’ known policy of debarring an avowed homosexual from entering military service. Synopsis of Rule of Law. The Solomon Amendment is not a violation of the freedom of speech or of association as far as law schools are concerned, when it bars the grant of federal educational funds to law schools which do not grant equal access to military recruiters. ...
Randall v. Sorrell
Citation548 U.S. 230 (2006) Brief Fact Summary. Vermont passed a law on campaign finance which imposed restrictions on (1) the maximum expenditure allowable during the election campaign by a candidate for office (2) the maximum contribution allowable by an individual, political group or party towards the campaign expenses. Synopsis of Rule of Law. (1) Limiting the expenditure allowable by a candidate for political office during a political election cycle is against the First Amendment guarantee of free speech.(2) The limit of $200-$400 which is allowed by the state of Vermont as contri ...
Raines v. Byrd
Citation521 U.S. 811 (1997) Brief Fact Summary. Four senators (P) and two congressmen (P) voted against the Line Item Veto Act of 1996. Later they filed a suit against the Act on the grounds that it violated the constitution. Synopsis of Rule of Law. Congress members do not the right in law to bring an action against a bill alleging its being unconstitutional if their votes in respect of the bill have been accepted as effective, whether for or against. ...
Plessy v. Ferguson
Citation163 U.S. 537 (1896) Brief Fact Summary. Plessy (D) tried to sit in a railroad car designated as being for the use of whites only, and was therefore arrested. Synopsis of Rule of Law. It is reasonable to enforce segregation of colored and white races if based upon the tradition, custom and usage of the state. ...
Morse v. Frederick
Citation551 U.S. 393 (2007) Brief Fact Summary. Joseph Frederick (P) , a public school student, was suspended by the principal Deborah Morse (D) for displaying a banner on which was written “Bong Hits 4 Jesus”, bong being slang for marijuana, at a school event which was covered by television. He sued the Principal. Synopsis of Rule of Law. Public schools may lawfully prevent students from promoting the use of illegal drugs by display of banners or other material at any event supervised by the school. ...
Lorillard Tobacco Co.v. Reilly
Citation533 U.S.525 (2001) Brief Fact Summary. Massachusetts has ordinances regulating the outdoor advertising of tobacco. The tobacco manufacturers argued against it on the ground that it violated the First Amendment. Synopsis of Rule of Law. A state regulation which proscribes the advertising of smokeless tobacco or cigars within a 1,000 foot radius of a school or playground violates the First Amendment. ...
Legal Services Corporation v. Velazquez
Citation531 U.S. 533 (2001) Brief Fact Summary. Legal Services Corporation (LSC) (D) distributes funds allocated to welfare by Congress to local organizations which receive grants and provide free legal assistance to poor clients. Congress passed an order preventing LSC from funding any grantee which helped clients to challenge or try to get amendments to the current welfare laws. This restriction was challenged by LSC grantees as being in violation of the First Amendment. Synopsis of Rule of Law. A LSC program cannot be restricted so as to refuse federal funding via the LSC to any organizat ...
Kahn v. Shevin
Citation416 U.S.351 (1974) Brief Fact Summary. Kahn (P) was a widower in Florida who sued the state of Florida (D) on the grounds that the statute enabling widows but not widowers to claim a property tax exemption was arbitrary. Synopsis of Rule of Law. A state tax law cannot be held to be arbitrary if it discriminates in favor of a certain class because of certain differences in the class or the state policy which do not clash with the federal constitution. ...
Johanns v. Livestock Marketing Association
Citation544 U.S. 550 (2005) Brief Fact Summary. A fee required by the government for government advertising under the Department of Agriculture (D) was contested by the Livestock Marketing Association (P) on the ground that all cattle producers did not agree with the advertised message, and so the fee violated their right to free speech. Synopsis of Rule of Law. A federal law which requires private funding of advertising even if the payers do not agree with the message is not in violation of the First Amendment in all cases. ...
Garcetti v. Ceballos
Citation547 U.S. 410 (2006) Brief Fact Summary. Richard Ceballos (P) sued the government (D) for disciplining his communications which opposed government interests, on the ground that the government’s action violated the First Amendment. Synopsis of Rule of Law. A public official may exercise protected freedom of speech only during private speech, ie, as part of his life as a private citizen, and not during his official duties. ...
Cutter v. Wilkinson
Citation544 U.S. 709 Brief Fact Summary. Prisoners (P) in Ohio filed suit against the prison officials (D) on the ground that a federal law violation was occurring when the prisoners were refused permission to practice their own religions including Satanism, Wicca and Asatru. The prison officials pleaded that the Act in question was equivalent to government furtherance of religion and in violation of the First Amendment’s establishment clause which forbids such advocacy or favor. Synopsis of Rule of Law. A federal law which prevents the government from restricting prisoners in the exe ...
Consolidated Edison Co. of New York v. Public Service Commission
Citation447 U.S.530 (1980) Brief Fact Summary. The Public Service Commission (D) issued an order preventing utility companies from including inserts with their bills which represented their viewpoint on certain debatable issues concerning public policy. The Consolidated Edison Co. (P) sued against this order in court. Synopsis of Rule of Law. Orders preventing utility companies from expressing their views on public policy matters which are debatable, through inserts included in their monthly bills, are against the constitution. ...
Clingman v. Beaver
Citation544 U.S. 581 (2005) Brief Fact Summary. Libertarian Party of Oklahoma (P) filed against Oklahoma (D) on the ground that the state primary laws were a violation of the First Amendment, since they allowed only party members or Independents to vote in a party primary election. Synopsis of Rule of Law. State election laws which regulate the class of voters allowed to vote in a party primary election are not in violation of the First Amendment rights of free speech or association. ...
City of Los Angeles v. Alameda Books, Inc.
Citation535 U.S.425 (2002) Brief Fact Summary. The owners of adult entertainment business sued against enforcement of a rule that more than one adult entertainment business was prohibited in the same building, on the ground of the First Amendment. Synopsis of Rule of Law. A city ordinance that makes more than one adult entertainment business in the same premises illegal does not violate the First Amendment. ...