Where an accident involving only Wisconsin residents occurred in Wisconsin, the fact that the decedent had been employed in Minnesota conferred jurisdiction on Minnesota courts and Minnesota insurance law was applicable. Allstate Ins. Co. v. Hague, 449 U.S. 302 (1981).
The national democratic party has a protected right of political association and may not be compelled to seat delegates chosen in an open primary in violation of the party's rules. Democratic Party of U.S. v. Wisconsin, 450 U.S. 107 (1981).
A statute which required a putative father in a paternity suit to pay for blood tests denied due process to indigent putative fathers. Little v. Streater, 452 U.S. 1 (1981).
Due process does not require appointment of counsel for indigent parents in every parental status termination proceeding. Lassiter v. Dept. of Social Services, 452 U.S. 18 (1981).
A life prisoner had no due process right to a statement of reasons why the board did not commute his life sentence. Connecticut Board of Pardons v. Dumschat, 452 U.S. 458 (1981).
An ordinance regulating sale of drug paraphernalia was constitutional. Hoffman Estates v. Flipside, Hoffman Estates, 455 U.S. 489 (1982).
Revocation of probation for failure to pay a fine, without a determination that the probationer had not made a bona fide effort to pay or that alternate forms of punishment did not exist, denied due process and equal protection. Bearden v. Georgia, 461 U.S. 660 (1983).
Notice by publication did not satisfy due process requirements in a tax sale. Mennonite Board of Missions v. Adams, 462 U.S. 791 (1983).
A state's policy of preserving county boundaries in a reapportionment plan justified a population deviation averaging 13%. Brown v. Thomson, 462 U.S. 835 (1983).
Discussion of a minority set-aside program held to violate due process. Richmond v. Croson Co. 488 U.S. 469, 102 L. Ed. 2d 854 (1989).
Discussion of abortion restrictions held to comply with constitutional protections. Webster v. Reproductive Health Serv. 492 U.S. 490, 106 L. Ed. 2d 410 (1989).
Assuming that a competent person has a constitutional right to refuse treatment, a state may require clear and convincing evidence that incompetent patient desired withdrawal of treatment. Cruzan v. Director, Mo. Health Dept. 497 U.S. 261, 111 L. Ed. 2d 224 (1990).
Substantive due process is not violated by a police officer who causes death through deliberate or reckless indifference to life in a high speed chase aimed at apprehending a suspect. Only a purpose to cause harm unrelated to the legitimate object of arrest satisfies the element of arbitrary conduct shocking to the conscience necessary for a due process violation. County of Sacramento v. Lewis, 523 U.S. 833, 140 L. Ed. 2d 1043 (1998).
It is not a violation of the due process clause to tow an illegally parked car without first giving the owner notice and opportunity to be heard regarding the lawfulness of the towing. Sutton v. City of Milwaukee, 672 F.2d 644 (1982).
A village board's denial of an application for a liquor license did not deprive the applicant of either liberty or property. Scott v. Village of Kewaskum, 786 F.2d 338 (1986).
A teacher's alleged de facto tenure is not a protected property interest. Liberty interests are discussed. Stevens v. Jt. School Dist. No. 1, Tony, Etc. 429 F. Supp. 477.
A sheriff violated a tenant's protectible property interest by executing a stale writ of restitution. Wolf-Lillie v. Kenosha Cty. Sheriff, 504 F. Supp. 1 (1980).
One cannot have a constitutionally protected interest solely in a state law procedure; a separate property interest must also be present. Molgaard v. Town of Caledonia, 527 F. Supp. 1073 (1981).
Demon rum and the dirty dance: reconsidering government regulation of live sex entertainment after California v. La Rue. 1975 WLR 161.
Reasonable corporal punishment by school official over parental objection is constitutional. 1976 WLR 689.
Procedural due process in public schools: The "thicket" of Goss v. Lopez. 1976 WLR 934.
Impartial decisionmaker—authority of school board to dismiss striking teachers. 1977 WLR 521.
Property interest—government employment—state law defines limitation of entitlement. 1977 WLR 575.
MISCELLANEOUS
An adult bookstore has no right to protect the privacy rights of its customers in a public, commercial establishment. City News & Novelty v. City of Waukesha, 170 Wis. 2d 14, 487 N.W.2d 316 (Ct. App. 1992).
A narrowly drawn anti-cruising ordinance did not violate the right to assemble or travel. Scheunemann v. City of West Bend, 179 Wis. 2d 469, 507 N.W.2d 163 (Ct. App. 1993).
The right to intrastate travel, including the right to move about one's neighborhood in an automobile, is fundamental, but infringements on the right are not subject to strict scrutiny. Cruising ordinances, reasonable in time, place and manner, do not violate this right. Brandmiller v. Arreola, 199 Wis. 2d 528, 544 N.W.2d 849 (1996).
Putative father's right to custody of his child. 1971 WLR 1262.
I,2 Slavery prohibited. Section 2. There shall be neither slavery, nor involuntary servitude in this state, otherwise than for the punishment of crime, whereof the party shall have been duly convicted.
I,3 Free speech; libel. Section 3. Every person may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right, and no laws shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions or indictments for libel, the truth may be given in evidence, and if it shall appear to the jury that the matter charged as libelous be true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.
FREE SPEECH
A city can validly prohibit picketing of private homes where the subject of the picketing has no relationship to any activity carried on there. Wauwatosa v. King, 49 Wis. 2d 398, 182 N.W.2d 530.
A journalist has a constitutional right to the privilege not to disclose his sources of information received in confidential relationship, but when such confidence is in conflict with the public's overriding need to know, it must yield to the interest of justice. The state need not affirmatively demonstrate proof of compelling need or lack of an alternative method of obtaining the information sought, where the crimes involved and the prevention of repetition of such crimes constitute a compelling need. State v. Knops, 49 Wis. 2d 647, 183 N.W.2d 93.
Only that portion of an obscenity ordinance defining obscenity in Roth-Memoirs terms is unconstitutional, and the remainder is a viable, effective ordinance when supplemented by the supreme court's Chobot obscenity definition "community standards" definition. Madison v. Nickel, 66 Wis. 2d 71, 223 N.W.2d 865.
The majority representative's exclusive right to represent all employes in a bargaining unit precludes speech by others in the form of bargaining or negotiating for a labor agreement, the infringement on speech being justified by the necessity to avoid the dangers attendant upon relative chaos in labor-management relations. Madison Jt. Sch. Dist. No. 8 v. WERC, 69 Wis. 2d 200, 231 N.W.2d 206.
Prohibiting the solicitation of prostitutes, does not violate the right of free speech. Shillcutt v. State, 74 Wis. 2d 642, 247 N.W.2d 694.
Where a radio talk show announcer was fired for allowing talk show guests to slander minorities, the announcer's right of free speech was not infringed. Augustine v. Anti-Defamation Lg. B'nai B'rith, 75 Wis. 2d 207, 249 N.W.2d 547.
Where the record did not indicate that a tenant union would provide inadequate, unethical or complex legal advice to tenants, the tenant union's information service was protected by free speech guarantees. Hopper v. Madison, 79 Wis. 2d 120, 256 N.W.2d 139.
The public's right to be aware of all facts surrounding an issue does not interfere with the right of newspaper to reject advertising. Wis. Assoc. of Nursing Homes v. Journal Co. 92 Wis. 2d 709, 285 N.W.2d 891 (Ct. App. 1979).
Procedures to determine whether journalist may properly invoke privilege to prevent disclosure of confidential sources set. Green Bay Newspaper v. Circuit Court, 113 Wis. 2d 411, 335 N.W.2d 367 (1983).
The right of free speech applies against state action, not private action. Jacobs v. Major, 139 Wis. 2d 492, 407 N.W.2d 832 (1987).
News gatherers have no constitutional right of access to disaster scenes beyond that accorded the general public. City of Oak Creek v. King, 148 Wis. 2d 532, 436 N.W.2d 285 (1989).
Commercial speech is protected by the 1st amendment. The government must show a restriction directly advances a substantial interest for it to be constitutional. City of Milwaukee v. Blondis, 157 Wis. 2d 730, 460 N.W.2d 815 (Ct. App. 1990).
A sentence based on an activity protected by the 1st amendment is constitutionally invalid, but when a sufficient link to criminal activity is shown, the activity is no longer protected. State v. J.E.B. 161 Wis. 2d 655, 469 N.W.2d 192 (Ct. App. 1991).
Although music is accorded a presumption of being protected speech, an ordinance prohibiting all unreasonable noise was not an unconstitutionally vague encroachment on free speech. City of Madison v. Bauman, 162 Wis. 2d 660, 470 N.W.2d 296 (1991).
An employee's free speech rights were not violated where the employer's need for confidentiality and discipline clearly outweighed the employe's interest in disclosing confidential information. Barnhill v. Bd. of Regents, 166 Wis. 2d 395, 479 N.W.2d 917 (1992).
Prison inmates 1st amendment rights are subject to limitation and regulation. Interception and withholding of inter-inmate correspondence was reasonable. Yoder v. Palmeri, 177 Wis. 2d 756, 502 N.W.2d 903 (Ct. App. 1993).
Whether a restriction on nude dancing is overbroad depends on whether the ordinance is targeted at curbing only harmful secondary effects of exotic clubs. Fond du Lac County v. Mentzel, 195 Wis. 2d 313, 536 N.W.2d 160 (Ct. App. 1995).
The state's power to ban the sale of alcoholic beverages under the 21st amendment includes the lesser power to ban nude dancing on premises where alcohol is served. Schultz v. City of Cumberland, 195 Wis. 2d 554, 536 N.W.2d 192 (Ct. App. 1995).
The restriction of prison inmates free speech rights are discussed. Lomax v. Fiedler, 204 Wis. 2d 196, 554 N.W.2d 841 (Ct. App. 1996).
A zoning ordinance which did not set aside any area where an adult bookstore would be allowed was impermissible. Town of Wayne v. Bishop, 210 Wis. 2d 219, 565 N.W.2d 201 (Ct. App. 1997).
A public nudity ordinance will meet a challenge that it is facially overbroad if it is drafted in a manner that addresses the secondary effects of adult entertainment without suffocating protected expression in a real and substantial manner. Lounge Management v. Town of Trenton, 219 Wis. 2d 13, 580 N.W.2d 156 (1998).
Obscenity is, and has been, an abuse of the right to speak freely on all subjects under the state constitution. The breadth of protection offered by the Wisconsin constitution in the context of obscenity is no greater than that afforded by the 1st amendment. County of Kenosha v. C. & S. Management, Inc. 223 Wis. 2d 373, 588 N.W.2d 236 (1999).
It may well be appropriate to consider context in determining whether a communication "expressly advocates" the election, defeat, recall or retention of a clearly identified candidate or a particular vote at a referendum, within the meaning of s. 11.01 (16) (a) 1. Elections Board v. Wisconsin Manufacturers & Commerce, 227 Wis. 2d 650, 597 N.W.2d 721 (1999).
When an ordinance regulates 1st amendment activities, the government normally has the burden of defending the regulation beyond a reasonable doubt, but where prior restraints are concerned and the government action at issue is the review of an applicant's qualifications for a business license, the city does not bear the burden of going to court to effect the denial of a license, nor does it bear the burden of proof once in court. City News & Novelty, Inc. v. City of Waukesha, 231 Wis. 2d 93, 604 N.W.2d 870 (Ct. App. 1999).
Unfiled pretrial materials in a civil action between private parties are not public records and neither the public nor the press has either a common law or constitutional right of access to those materials. State ex rel. Mitsubishi v. Milwaukee County, 2000 WI 16, 233 Wis. 2d 1, 605 N.W.2d 868.
Free speech and the state's campaign finance law are discussed in light of Buckley v. Valeo. 65 Atty. Gen. 145.
Car card space on city transit system is not free speech forum. Lehman v. City of Shaker Heights, 418 U.S. 298.
Flag misuse statute was unconstitutional as applied to a flag hung upside down with a peace symbol affixed where the context imbued the display with protected elements of communication. Spence v. State of Washington, 418 U.S. 405.
Commercial advertising is protected free speech. Bigelow v. Virginia, 421 U.S. 809.
Campaign expenditure limitations unduly restrict political expression. Buckley v. Valeo, 424 U.S. 1.
Campaign expenditure limitations unduly restrict political expression. Press Asso. v. Stuart, 427 U.S. 539.
Prior restraint of news media to limit pretrial publicity is discussed. Nebraska Press Asso. v. Stuart, 427 U.S. 539.
A board of education may not prevent a non-union teacher from speaking of a bargaining issue at an open meeting. Madison School Dist. v. Wis. Emp. Comm. 429 U.S. 167.
Corporations' free speech rights are discussed. First National Bank of Boston v. Bellotti, 435 U.S. 765 (1978).
The 1st amendment prohibited the prosecution of a newspaper for publishing confidential proceedings of a commission investigating judicial conduct. Landmark Communications, Inc. v. Virginia, 435 U.S. 829 (1978).
Collective activity undertaken to obtain meaningful access to courts is a fundamental right protected by the 1st amendment. In re Primus, 436 U.S. 412 (1978).
A newspaper office may be searched for evidence of a crime even though the newspaper is not suspected of a crime. Zurcher v. Stanford Daily, 436 U.S. 547 (1978).
The 1st amendment does not guarantee the public's or media's right of access to sources of information within government control. Houchins v. KQED, Inc. 438 U.S. 1 (1978).
Public employe's private, as well as public, speech is protected. Givhan v. Western Line Consol. School Dist. 439 U.S. 410 (1979).
The press and public have no constitutional right to attend a pretrial suppression hearing where the defendant demands a closed hearing to avoid prejudicial publicity. Gannett Co. v. DePasquale, 443 U.S. 368 (1979).
A public utility had the free speech right to enclose with bills inserts discussing controversial issues of public policy. Consolidated Edison v. Public Service Commission, 447 U.S. 530 (1980).
The test for determining whether commercial speech is protected is discussed. Central Hudson Gas v. Public Service Commission, 447 U.S. 557 (1980).
Absent an overriding interest articulated in findings, a criminal trial must be open to the public. Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555 (1980).
An ordinance prohibiting a live dancing exhibition violated the free speech clause. Schad v. Mount Ephraim, 452 U.S. 61 (1981).
A statute prohibiting nude dancing in establishments licensed by a state to sell liquor was valid under the 21st amendment. New York State Liquor Authority v. Bellanca, 452 U.S. 714 (1981).
A statute which prohibits placing unstamped mailable matter in any box approved by the U.S. postal service does not violate the free speech clause. U. S. Postal Service v. Greenburgh Civic Assn. 453 U.S. 114 (1981).
An ordinance which placed substantial restrictions on billboards other than those used for onsite commercial advertising violated the free speech clause. Metromedia v. San Diego, 453 U.S. 490 (1981).
A public university that provided a forum to many student groups but excluded religious student groups violated the principle that state regulation of speech should be content-neutral. Widmar v. Vincent, 454 U.S. 263 (1981).
An ordinance regulating the sale of drug paraphernalia was constitutional. Hoffman Estates v. Flipside, Hoffman Estates, 455 U.S. 489 (1982).
A school board's discretion to determine the contents of school libraries may not be exercised in a narrowly partisan or political manner. Board of Education v. Pico, 457 U.S. 853 (1982).
States are entitled to greater leeway in the regulation of pornographic depictions of children. New York v. Ferber, 458 U.S. 747 (1982).
The discharge of public employe did not deny free speech rights, under the facts of the case. Connick v. Myers, 461 U.S. 138 (1983).
A sidewalk is a "public forum". The prohibition of leaflets denied free speech. U.S. v. Grace, 461 U.S. 171 (1983).
The government's substantial interest in maintaining the park in the heart of the capital in an attractive condition sustained a regulation against camping or overnight sleeping in public parks. Free speech was not denied. Clark v. Community for Creative Non-violence, 468 U.S. 288 (1984).
A school district did not violate the free speech clause by disciplining a student for giving an offensively lewd and indecent speech at a school assembly. Bethel School Dist. No. 403 v. Fraser, 478 U.S. 675 (1986).
School administrators may exercise control over style and content of student speech in school-sponsored activities as long as control is reasonably related to "legitimate pedagogical concerns". Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988).
A state may not categorically ban targeted, direct-mail advertising by attorneys. Shapero v. Kentucky Bar Assn. 486 U.S. 466 (1988).
A Brookfield ordinance prohibiting picketing of individuals' residences was not facially invalid under the free speech clause. Frisby v. Schultz, 487 U.S. 474 (1988).
