Although a person may invoke the Fifth amendment in a civil case in order to protect himself from the use of such evidence against him in a subsequent criminal action, if he does so an inference against his interest may be drawn as a matter of law based upon an implied admission that a truthful answer would tend to prove that the witness had committed the criminal act or might constitute a criminal act, and is not based upon the condition that the witness is seeking relief or ought not to receive relief because he has invoked the privilege. Molloy v. Molloy, 46 W (2d) 682, 176 NW (2d) 292.
Wisconsin can constitutionally tax the transfer of trust assets occurring as a result of the nonexercise of testatrix's limited power of appointment. Estate of Mueller, 47 W (2d) 336, 177 NW (2d) 60.
A school board's refusal to renew part of a teacher's contract which paid him for coaching basketball in addition to full-time teaching duties, without notice and hearing, does not violate his rights where no charge was made that reflected on him. Richards v. Board of Education, 58 W (2d) 444, 206 NW (2d) 597.
Property interest in employment conferred by state law is protected by the due-process provisions of both the state and federal constitutions. State ex rel. DeLuca v. Common Council, 72 W (2d) 672, 242 NW (2d) 689.
Due process standard in juvenile proceeding is fundamental fairness. Basic requirements discussed. In Interest of D.H. 76 W (2d) 286, 251 NW (2d) 196.
Permanent status public employe forfeits due process property interest in job by accepting inter-departmental promotion. DH&SS v. State Personnel Board, 84 W (2d) 675, 267 NW (2d) 644 (1978).
Where attorney is permitted to withdraw on day of trial without notice, due process requires granting a continuance. Sherman v. Heiser, 85 W (2d) 246, 270 NW (2d) 397 (1978).
Liberty interest in public employment discussed. Nufer v. Village Bd. of Village of Palmyra, 92 W (2d) 289, 284 NW (2d) 649 (1979).
Where city ordinance specified narrow grounds upon which civil service applicant may be screened out, applicant had no right to know grounds for screen-out. Taplick v. City of Madison Personnel Board, 97 W (2d) 162, 293 NW (2d) 173 (1980).
Provision which raised worker's compensation benefits retroactively was unconstitutional impairment of vested rights. State ex rel. Briggs & Stratton v. Noll, 100 W (2d) 650, 302 NW (2d) 487 (1981).
Due process rights of student at expulsion hearing discussed. Racine Unified School Dist. v. Thompson, 107 W (2d) 657, 321 NW (2d) 334 (Ct. App. 1982).
Due process was not violated where defendant was illegally arrested in asylum state and involuntarily brought to trial. State v. Monje, 109 W (2d) 138, 325 NW (2d) 695 (1982).
Due process rights of tenured professor who was alleged to have resigned were not protected by hearing to determine eligibility for unemployment compensation. Patterson v. University Board of Regents, 119 W (2d) 570, 350 NW (2d) 612 (1984).
Attributes of property interests protected by due process discussed. Waste Management of Wisconsin v. DNR, 128 W (2d) 59, 381 NW (2d) 318 (1986).
Due process rights of a probationer at a hearing to modify probation enumerated. State v. Hayes, 173 W (2d) 439, 496 NW (2d) 645 (Ct. App. 1992).
Tort of intentional denial of due process discussed. Old Tuckaway Assoc. v. City of Greenfield, 180 W (2d) 254, 509 NW (2d) 323 (Ct. App. 1993).
An inmate has a protected liberty interest in earned good-time credits and in not being placed in segregation. Post deprivation remedies provided by the state are adequate. Irby v. Macht, 184 W (2d) 831, ___ NW (2d) ___ (1994).
Prisoners' due process rights discussed. Wolff v. McDonnell, 418 US 539.
Public high school students facing temporary suspension have property and liberty interests protected by due process. Goss v. Lopez, 419 US 565.
Garnishment of corporate bank accounts must comply with due process protections of Fuentes and Sniadach. North Georgia Finishing, Inc. v. Di-Chem, Inc. 419 US 601.
Wisconsin medical examining board does not deny due process by both investigating and adjudicating charge of professional misconduct. Withrow v. Larkin, 421 US 35.
States may deny benefits to those who fail to prove they did not quit job in order to obtain benefits. Lavine v. Milne, 424 US 577.
Due process does not disqualify agency as decision-maker merely because of familiarity with facts of case. Hortonville Dist. v. Hortonville Ed. Asso. 426 US 482.
Dismissal from medical school for academic deficiencies without hearing did not violate due process clause. Board of Curators, Univ. of Mo. v. Horowitz, 435 US 78 (1978).
Utility customers' due process rights were violated where utility shut off service for nonpayment without advising customers of available administrative procedure. Memphis Light, Gas & Water Div. v. Craft, 436 US 1 (1978).
Father's acquiescence in daughter's desire to live with mother in California did not confer jurisdiction over father in California courts. Kulko v. California Superior Court, 436 US 84 (1978).
Due process clause was not violated when IRS monitored conversation with defendant in violation of IRS rules. United States v. Caceres, 440 US 741 (1979).
State may not exercise quasi in rem jurisdiction over defendant having no forum contacts by attacking contractual obligation of defendant's insurer licensed in state. Rush v. Savchuk, 444 US 320 (1980).
Involuntary transfer of prisoner to mental hospital implicated protected liberty interest. Vitek v. Jones, 445 US 480 (1980).
Termination of appointed assistant public defenders, who were neither policymakers nor confidential employes, solely on grounds of political affiliation was denial of first and fourteenth amendment rights. Branti v. Finkel, 445 US 507 (1980).
Segregation confinement of prisoner without prior hearing may violate due process if postponement of procedural protections is not justified by apprehended emergency conditions. Hughes v. Rowe, 449 US 5 (1980).
Where accident involving only Wisconsin residents occurred in Wisconsin, fact that decedent had been employed in Minnesota conferred jurisdiction on Minnesota court and Minnesota insurance law was applicable. Allstate Ins. Co. v. Hague, 449 US 302 (1981).
National democratic party has protected right of political association and may not be compelled to seat delegates chosen in open primary in violation of party's rules. Democratic Party of U.S. v. Wisconsin, 450 US 107 (1981).
Statute which required putative father in paternity suit to pay for blood test denied due process to indigent putative fathers. Little v. Streater, 452 US 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 US 18 (1981).
Life prisoner had no due process right to statement of reasons why board did not commute life sentence. Connecticut Board of Pardons v. Dumschat, 452 US 458 (1981).
Ordinance regulating sale of drug paraphernalia was constitutional. Hoffman Estates v. Flipside, Hoffman Estates, 455 US 489 (1982).
Revocation of probation for failure to pay fine, without determination that probationer had not made bona fide effort to pay or that alternate forms of punishment did not exist, denied due process and equal protection. Bearden v. Georgia, 461 US 660 (1983).
Notice by publication did not satisfy due process requirements in tax sale. Mennonite Board of Missions v. Adams, 462 US 791 (1983).
State's policy of preserving county boundaries in reapportionment plan justified population deviation averaging 13%. Brown v. Thomson, 462 US 835 (1983).
Discussion of minority set-aside program held to violate due process. Richmond v. Croson Co. 488 US 469, 102 LEd 2d 854 (1989).
Discussion of abortion restrictions held to comply with constitutional protections. Webster v. Reproductive Health Serv. 492 US 490, 106 LEd 2d 410 (1989).
Assuming that competent person has constitutional right to refuse treatment, court concludes state may require clear and convincing evidence that incompetent patient desired withdrawal of treatment. Cruzan v. Director, Mo. Health Dept. 497 US 261, 111 LEd 2d 224 (1990).
It is not violation of due process clause to tow illegally parked car without first giving owner notice and opportunity to be heard regarding lawfulness of tow. Sutton v. City of Milwaukee, 672 F (2d) 644 (1982).
Village board's denial of application for liquor license did not deprive applicant of either liberty or property. Scott v. Village of Kewaskum, 786 F (2d) 338 (1986).
The limitation of AFDC benefits to 120% of the national average is unconstitutional. Alvarado v. Schmidt, 317 F Supp. 1027.
Prosecution for topless dancing, where minors are not involved and where adults present were aware of the proposed dance, enjoined. Pederson v. Breier, 327 F Supp. 1382.
Proceedings to revoke a license for performing abortions involving an embryo of 4 months or less enjoined. Kennan v. Warren, 328 F Supp. 525.
Denial of divorce to plaintiff who is a resident but has not lived in Wisconsin for 2 years is unconstitutional. Wymelenberg v. Syman, 328 F Supp. 1353.
Teacher's alleged de facto tenure is not a protected property interest. Liberty interests discussed. Stevens v. Jt. School Dist. No. 1, Tony, Etc. 429 F Supp. 477.
Sheriff violated tenant's protectible property interest by executing stale writ of restitution. Wolf-Lillie v. Kenosha Cty. Sheriff, 504 F Supp. 1 (1980).
One cannot have constitutionally protected interest solely in state law procedure; 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.
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 W (2d) 398, 182 NW (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 W (2d) 647, 183 NW (2d) 93.
Only that portion of the 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 and Court "community standards" definition. Madison v. Nickel, 66 W (2d) 71, 223 NW (2d) 865.
The majority representative's exclusive right to represent all employes in the bargaining unit precludes speech by others in the form of bargaining or negotiating for a labor agreement, the infringement of 1st amendment rights of such persons 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 W (2d) 200, 231 NW (2d) 206.
Section 944.32, 1987 stats., prohibiting solicitation of prostitutes, does not violate right of free speech. Shillcutt v. State, 74 W (2d) 642, 247 NW (2d) 694.
Where radio talk show announcer was fired for allowing talk show guests to slander minorities, announcer's right of free speech was not infringed. Augustine v. Anti-Defamation Lg. B'nai B'rith, 75 W (2d) 207, 249 NW (2d) 547.
Where record did not indicate that Madison Tenant Union would provide inadequate, unethical or complex legal advice to tenants, Madison Tenant Union information service is protected by free speech guarantees. Hopper v. Madison, 79 W (2d) 120, 256 NW (2d) 139.
Public's right to be aware of all facts surrounding issue does not interfere with right of newspaper to reject advertising. Wis. Asso. of Nursing Homes v. Journal Co. 92 W (2d) 709, 285 NW (2d) 891 (Ct. App. 1979).
Court sets procedures to determine whether journalist may properly invoke privilege to prevent disclosure of confidential sources. Green Bay Newspaper v. Circuit Court, 113 W (2d) 411, 335 NW (2d) 367 (1983).
Right of free speech applies against state action, not private action. Jacobs v. Major, 139 W (2d) 492, 407 NW (2d) 832 (1987).
News gatherers have no constitutional right of access to disaster scenes beyond that accorded general public. City of Oak Creek v. King, 148 W (2d) 532, 436 NW (2d) 285 (1989).
Commercial speech is protected by First Amendment; government must show restriction directly advances substantial interest to support constitutionality. City of Milwaukee v. Blondis, 157 W (2d) 730, 460 NW (2d) 815 (Ct. App. 1990).
Sentence based on activity protected by first amendment is constitutionally invalid, but when sufficient link to criminal activity is shown, activity is no longer protected. State v. J.E.B., 161 W (2d) 655, 469 NW (2d) 192 (Ct. App. 1991).
Although music is accorded presumption of protected speech, ordinance prohibiting all unreasonable noise was not unconstitutionally vague encroachment on free speech. City of Madison v. Bauman, 162 W (2d) 660, 470 NW (2d) 296 (1991).
Employee's free speech rights were not violated where employer's need for confidentiality and discipline clearly outweighed employe's interest in disclosing confidential information. Barnhill v. Bd. of Regents, 166 W (2d) 395, 479 NW (2d) 917 (1992).
Prison inmates first amendment rights are subject to limitation and regulation; interception and withholding of inter-inmate correspondence was reasonable. Yoder v. Palmeri, 177 W (2d) 756, 502 NW (2d) 903 (Ct. App. 1993).
Prohibition under 11.38 (1) (a) 1, 1977 stats., against political contributions and disbursements in support of or in opposition to any referendum is unconstitutional. Other prohibitions in (1) (a) 1. are severable and constitutional. 68 Atty. Gen. 64.
Free speech and state's campaign finance law discussed in light of Buckley v. Valeo, 96 S. Ct. 612. 65 Atty. Gen. 145.
Prohibition under 11.38 (1) (a) 1, 1977 stats., against political contributions and disbursements in support of or in opposition to any referendum is unconstitutional. Other prohibitions in (1) (a) 1. are severable and constitutional. 68 Atty. Gen. 64.
Car card space on city transit system is not free speech forum. Lehman v. City of Shaker Heights, 418 US 298.
Flag misuse statute was unconstitutional as applied to flag hung upside down with peace symbol affixed where context imbued display with protected elements of communication. Spence v. State of Washington, 418 US 405.
Commercial advertising is protected free speech. Bigelow v. Virginia, 421 US 809.
Campaign expenditure limitations unduly restrict political expression. Buckley v. Valeo, 424 US 1.
Campaign expenditure limitations unduly restrict political expression. Press Asso. v. Stuart, 427 US 539.
Prior restraint of news media to limit pretrial publicity discussed. Nebraska Press Asso. v. Stuart, 427 US 539.
Board of education may not prevent non-union teacher from speaking of bargaining issue at open meeting. Madison School Dist. v. Wis. Emp. Comm. 429 US 167.
Corporations' free speech rights discussed. First National Bank of Boston v. Bellotti, 435 US 765 (1978).
First Amendment prohibited prosecution of newspaper for publishing confidential proceedings of commission investigating judicial conduct. Landmark Communications, Inc. v. Virginia, 435 US 829 (1978).
Collective activity undertaken to obtain meaningful access to courts is fundamental right protected by First Amendment. In re Primus, 436 US 412 (1978).
