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).
See note to Art. I, sec. 11, citing Zurcher v. Stanford Daily, 436 US 547 (1978).
First Amendment does not guarantee public's or media's right of access to sources of information within government control. Houchins v. KQED, Inc. 438 US 1 (1978).
Public employe's private, as well as public, speech is protected. Givhan v. Western Line Consol. School Dist. 439 US 410 (1979).
Press and public have no constitutional right to attend pretrial suppression hearing where defendant demands closed hearing to avoid prejudicial publicity. Gannett Co. v. DePasquale, 443 US 368 (1979).
State constitution free speech provision which permitted handbillers in privately owned shopping center did not violate owner's federal constitution property or free speech rights. Pruneyard Shopping Center v. Robins, 447 US 74 (1980).
Public utility had free speech right to inclose with bills inserts discussing controversial issues of public policy. Consolidated Edison v. Public Serv. Comm'n. 447 US 530 (1980).
Test for determining whether commercial speech is protected discussed. Central Hudson Gas v. Public Serv. Comm'n. 447 US 557 (1980).
Absent an overriding interest articulated in findings, criminal trial must be open to public. Richmond Newspapers, Inc. v. Virginia, 448 US 555 (1980).
Ordinance prohibiting live dancing exhibition violated free speech clause. Schad v. Mount Ephraim, 452 US 61 (1981).
Statute prohibiting nude dancing in establishments licensed by state to sell liquor was valid under 21st amendment. New York State Liquor Authority v. Bellanca, 452 US 714 (1981).
Statute which prohibits placing unstamped mailable matter in any box approved by US postal service does not violate free speech clause. U. S. Postal Service v. Greenburgh Civic Assn. 453 US 114 (1981).
Ordinance which placed substantial restrictions on billboards other than those used for onsite commercial advertising violated free speech clause. Metromedia v. San Diego, 453 US 490 (1981).
Public university which provided forum to many student groups but excluded religious student groups violated principle that state regulation of speech should be content-neutral. Widmar v. Vincent, 454 US 263 (1981).
Ordinance regulating sale of drug paraphernalia was constitutional. Hoffman Estates v. Flipside, Hoffman Estates, 455 US 489 (1982).
School board's discretion to determine contents of school libraries may not be exercised in narrowly partisan or political manner. Board of Education v. Pico, 457 US 853 (1982).
States are entitled to greater leeway in regulation of pornographic depictions of children. New York v. Ferber, 458 US 747 (1982).
Discharge of public employe did not deny free speech rights, under facts of case. Connick v. Myers, 461 US 138 (1983).
Sidewalk was "public forum"; hence, prohibition of leaflets denied free speech. U.S. v. Grace, 461 US 171 (1983).
Government's substantial interest in maintaining park in heart of capital in attractive condition sustained regulation against camping or overnight sleeping in public parks. Free speech was not denied. Clark v. Community for Creative Non-violence, 468 US 288 (1984).
School district didn't violate free speech clause by disciplining student for giving offensively lewd and indecent speech at school assembly. Bethel School Dist. No. 403 v. Fraser, 478 US 675 (1986).
School administrators may exercise control over style and content of student speech in school-sponsored activity as long as control is reasonably related to "legitimate pedagogical concerns". Hazelwood School District v. Kuhlmeier, 484 US 260 (1988).
State may not categorically ban targeted, direct-mail advertising by attorneys. Shapero v. Kentucky Bar Assn. 486 US 466 (1988).
Brookfield ordinance prohibiting picketing of individual's residence was not facially invalid under free speech provision. Frisby v. Schultz, 487 US 474 (1988).
Protester's conviction for desecration of flag violates freedom of speech. Texas v. Johnson, 491 US 397, 105 LEd 2d 342 (1989).
First Amendment prohibits employment decisions concerning low-level public employees to be based upon political patronage. Rutan v. Republican Party of Illinois, 497 US 62, 111 LEd 2d 52 (1990).
Public indecency statute barring public nudity and requiring dancers to wear pasties and a G-string does not violate freedom of expression. Barnes v. Glen Theatre, Inc. 501 US ___, 115 LEd 2d 504 (1991).
Press freedom does not confer a constitutional right to disregard promises that would otherwise be enforceable under state law; possible promissory estoppel action for breaching agreement to keep source confidential was not barred. Cohen v. Cowles Media Co., 501 US ___ , 115 LEd 2d 586 (1991).
County ordinance requiring permit for all parades and public assemblies which gave county administrator power to adjust permit fee to meet the police expense incident to the assembly violated 1st amendment as impermissible assessment of permittee's speech content was required to determine the expenses to be incurred in maintaining order at the assembly. Forsyth Councy v. Nationalist Movement, 505 US ___, 120 LEd 2d 101 (1992).
Exclusion of "fighting words" from free speech protections did not justify city ordinance banning displays that communicate fighting words that convey messages of racial, gender or religious intolerance; city may not selectively ban fighting words based on the particular idea expressed by their content. R.A.V. v. St. Paul, 505 US ___, 120 LEd 2d 305 (1992). City ban on newsracks for commercial publications violated free speech right where city failed to establish a "reasonable fit" between its legitimate interest in safety and aesthetics and the ban. Cincinnati v. Discovery Network, 507 US ___, 123 LEd (2d) 99 (1993).
Denial of the use of a school building to a church seeking to exhibit a film when a nonsectarian group would have been allowed the use of the building to show a secular film on the same topic violated the right to free speech. Lamb's Chapel v. Center Moriches, 508 US ___, 124 LEd 2d 352 (1993).
For a government employe's speech to be protected, the speech must be on a matter of public concern and the employe's interest in expressing himself or herself on the matter must outweigh the the injury the speech could cause the employer in providing public services through its employes. Waters v. Churchill, 511 US ___, 128 LEd 2d 686 (1994). See also Burkes v. Klauser, 185 W (2d) 309, 517 NW (2d) 502 (1994).
A city's ban on almost all residential signs violated the right of free speech. City of LaDue, 512 US ___, 129 LEd 2d 22 (1994).
Dividing line between publications which may be denied prisoners and those which may not is a matter not of administrative grace but of constitutional right. Gaugh v. Schmidt, 369 F Supp. 877.
Town board was restrained from discharging police chief until issue of impermissible considerations of chief's political activities were resolved. Kuhlmann v. Bloomfield Tp. 521 F Supp. 1242 (1981).
Testimonial privilege of newsmen. Baxter, 55 MLR 184.
Academic freedom; some tentative guidelines. Keith, 55 MLR 379.
Protection of commercial speech. 60 MLR 138.
Zurcher: third party searches and freedom of the press. Cantrell. 62 MLR 35 (1978).
A newspaper cannot constitutionally be compelled to publish a paid advertisement designed to be an editorial response to previous newspaper reports. 64 MLR 361 (1980).
Granting access to private shopping center property for free speech purposes on the basis of a state constitutional provision does not violate owner's federal constitutional property rights or first amendment free speech rights. 64 MLR 507 (1981).
First amendment and freedom of press: A revised approach to marketplace of ideas concept. Garry. 72 MLR 187 (1989).
Researcher-subject testimonial privilege. Nejelski and Lerman, 1971 WLR 1085.
Freedom of speech, expression and action. Himes, 1971 WLR 1209.
Free speech on premises of privately owned shopping center. Felsenthal, 1973 WLR 612.
Constitutional protection of critical speech and the public figure doctrine: Retreat by reaffirmation. 1980 WLR 568.
Corporate "persons" and freedom of speech: The political impact of legal mythology. Patton and Bartlett, 1981 WLR 494.
Lamb's Chapel v. Center Moriches Union Free School District: Creating Greater Protection Religious Speech Through the Illusion of Public Forum Analysis. Ehrmann. 1994 WLR 965.
LIBEL
Burden of proof and determination of damages in libel cases discussed. Dalton v. Meister, 52 W (2d) 173, 188 NW (2d) 494.
In a libel action involving a public figure or a matter of public concern the defendant is entitled to the "clear and convincing" burden of proof and also to a finding of the type of malice involved. Polzin v. Helmbrecht, 54 W (2d) 578, 196 NW (2d) 685.
In determining punitive damages in libel cases it is relevant to consider the maximum fine for a similar offense under the criminal code. Wozniak v. Local 1111 of UE, 57 W (2d) 725, 205 NW (2d) 369.
The executive committee of the medical staff of a private hospital is not a quasi-judicial body so as to render a letter to it privileged. DiMiceli v. Klieger, 58 W (2d) 359, 206 NW (2d) 184.
"Public figure" defined. Constitutional protections of news media and individual defamer discussed. Denny v. Mertz, 106 W (2d) 636, 318 NW (2d) 141 (1982).
Private citizen may become public figure regarding particular issue which is of substantial public interest and must prove actual malice to prevail in libel action. Weigel v. Capital Times Co. 145 W (2d) 71, 426 NW (2d) 43 (Ct. App. 1988).
Discussion of absolute privilege to defame in course of judicial or quasi-judicial proceedings. Rady v. Lutz, 150 W (2d) 643, 444 NW (2d) 58 (Ct. App. 1989).
Captain in fire department with considerable power and discretion in use of power is public official who must meet malice requirement; defendant firefighters have common law privilege to comment in writing on captain's fitness for office. Miller v. Minority Brotherhood, 158 W (2d) 589, 463 NW (2d) 690 (Ct. App. 1990).
State libel laws are preempted by federal labor laws to extent statements made without knowledge of falsity or reckless disregard for truth are at issue. Old Dominion Br. No. 496, Nat. Asso., Letter Car. v. Austin, 418 US 264.
Public figure who sues media companies for libel may inquire into editorial processes of those responsible where proof of "actual malice" is required for recovery. Herbert v. Lando, 441 US 153 (1979).
"Public figure" principle in libel cases discussed. Wolston v. Reader's Digest Assn., Inc. 443 US 157 (1979).
