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Hurley v. Irish-American GLIB
F: An Irish-American Gay, Lesbian & Bisexual group wants to be in the St. Patrick's Day Parade in Boston, which is run by the S. Boston Allied War Veterans Council. The group was denied a spot in the parade and claimed that such an exclusion is in violation of the public accomodations law. Lower courts agreed with the GLIB. I: Whether the requirement to admit a parade contingent experessing a message not of the private organizers' own choosing violates the 1st Amendment. H: Yes R: A private group may choose who they want to allow to speak. Because this parade is expressive (to show support of traditional values and St. Patrick), courts cannot force a different view into the parade. Ru: A private group may pick and choose which speech shall be heard. Boy Scouts of America v. James Dale
F: Dale was Eagle Scout, became adult member of BSA, went to college, became a gay-rights activist, his membership in the Boy Scouts was revoked. NJ Sup Ct said BSA violated NJ public accomodation law. I: Whether application of public accomadations law violated 1st Amendment. H: Yes R: BSA is an expressive association; the inclusion of Dale would significantly affect its expression; therefore application of law violates BSA's freedom of expressive association. |
Assc, Parties and Pol Campaigns
Boy Scouts of America v. James Dale Hurley v. Irish-American GLIB Commercial Speech Red Lion Broadcasting v. FCC Gentile v. State Bar of Nevada 44 Liquormart v. Rhode Island Central Hudson v. Public Service Commission Defamation and Torts Gertz v. Robert Welch Inc. Time Inc. v. Hill NY Times v. Sullivan Hustler v. Falwell Bartnicki v. Vopper Dun & Bradstreet v. Greenmoss Builders Establishment Clause Alleghany v. ACLU Lemon v. Kurtzman First Amendment Theories Bickel Kairys Gitlow v. NY US v. O'Brien Miton Friedman John Stuart Mill Free Exercise Smith v. ...Oregon Sherbert v. Verner Wisco v. Yoder Illegal Advocacy NYT Company v. US (Pentagon Papers) Dennis v. U.S. Whitney v. California Abrams v. U.S. Sept 11, 1st Amend, and the Advocacy of Violence Hess v. Indiana Brandenburg v. Ohio Schenck v. US Lecture Notelets 4/4/02 2/26/02 2/11/02 Section 1/24/02 Offensive Language and Hate Speech Wisconsin v. Mitchell R.A.V. v. City of St. Paul Cohen v. California Texas v. Johnson Chaplinsky v. New Hampshire Public Property and Sector Southworth Rosenberger v. University of Virginia Abood v. Detroit Education Tinker v. Des Moines School District Rock Against Racism Perry Education v. Teacher's Association Rust v. Sullivan Sexual Material Renton v. Playtime Theatres Pico Reno v. ACLU Paris Adult Theatre I v. Slaton Miller v. California Stanley v. Georgia Roth v. U.S. |