ipl-logo

Choose Life Ill Inc Case Summary

485 Words2 Pages

1. Choose Life Ill., Inc. v. White, 547 F.3d 853 (7th Cir. 2008). a. Facts: 25,000 signatures were collected from residents interested in purchasing a “Choose Life” specialty plate. The proposal for this plate was denied. CLI argued that failure to allow these specialty plates constituted viewpoint discrimination in violation of the First Amendment. The district court ordered the Secretary of State to issue the plate, but stayed its judgment pending appeal. Secretary argued that the messages on specialty license plates are government speech and therefore no First Amendment rights are implicated. b. Holding: Reversed; (1) Specialty plates are private speech and this triggers a forum analysis; (2) specialty plates are a nonpublic forum; (3) Illinois …show more content…

Viewpoint neutrality/reasonableness: (1) Illinois excluded the subject of abortion from its specialty plate program. (2) Illinois has not favored one viewpoint over another on the subject of abortion. Instead, the State has restricted access to the specialty plate forum on the basis of the content of the proposed plate - no abortion-related specialty plates, period. ii. (TEST APPLIED to see if government or private speech): Under all the circumstances, would a reasonable person consider the speaker to be the government or a private party? iii. Factors bearing on this analysis include, but are not limited to, the (1) degree to which the message originates with the government, (2) the degree to which the government exercises editorial control over the message, and (3) whether the government or a private party communicates the message. iv. (1) Illinois invites private civic and charitable organizations to place their messages on specialty license plates. Specialty plates serve as “mobile billboards” for the organizations/like-minded car owners to promote causes and also are a lucrative source of funds. v. (2) Editorial control over the message is shared between the sponsoring organization and the State: the organization typically develops the plate design, subject to the State's authority to modify

Show More
Related

  • Cobb V. Pennsylvania Life Ins: Case Study

    252 Words  | 2 Pages

    trust and confidence.” Cobb v. Pennsylvania Life Ins. Co., 215 N.C.App. 268, 278, 715 S.E.2d 541, 550 (2011). Contrast these relationships with cases where the Court has found the existence of a fiduciary duty or relationship: where a defendant took advantage of his relationship with his ill brother (Terry v. Terry, 302 N.C. 77, 273 S.E.2d 674 (1981)); where a defendant took advantage of his relationship with his wife (Link v. Link, 278 N.C. 181, 179 S.E.2d 697 (1971)); or where a defendant son took advantage of his relationship with his mother (Vail v. Vail, 233 N.C. 109, 63 S.E.2d 202 (1951)).

    Read More

  • Attractive Negligence Case Digest

    639 Words  | 3 Pages

    INTRODUCTION Defendant Ms. Kalani Herrera ("Ms. Herrera") respectfully request the court grants Ms. Herrera 's motion for summary judgment and dismiss the plaintiffs, Mr. And Mrs. Malone 's ("Malones") personal injury claim. The Malones have a brought a personal injury lawsuit against Ms. Herrera under the attractive nuisance doctrine on behalf of themselves and their daughter Maria Malone ("Maria"), a minor who was injured on an a peace of land art while trespassing on Ms. Herrera 's property. However, the plaintiffs have failed to establish elements that are pertinent to the claim. Landowners typically owe no duty to trespassers however, the doctrine of attractive nuisance is an exception to

    Read More

  • Setonia's Abortion Laws Summary

    104 Words  | 1 Pages

    A recent federal lawsuit has been filed by the American Civil Liberties Union’s (ACLU) challenging the constitutionality of three provisions of the Setonia’s Abortion Laws. The three provisions ACLU are challenging are as follows (McCauliff): • Law which prevents state health officials from renewing or issuing licenses to abortion clinics located with 2000 feet of an elementary school (McCauliff). • Law which requires physicians performing abortions to complete 10 hours annually of continuing medical education on abortion procedures (McCauliff). • Law which requires abortion providers to give every patient a copy of her medical records, regardless of whether the patient requests such records (McCauliff).

    Read More

  • Violate John Roe's First Amendment Right To Free Speech?

    151 Words  | 1 Pages

    Government employers, the Court wrote, could restrict their employees ' speech in ways that would be unconstitutional if applied to the public. However, government employees had the right to speak on matters of public concern, such as on

    Read More

  • Ashcroft V. Free Speech Coalition Case Study

    547 Words  | 3 Pages

    The Free Speech Coalition claims that these prohibitions are overbroad and vague and,

    Read More

  • The Pros And Cons Of SB 127

    1431 Words  | 6 Pages

    With the passing of Roe v. Wade in 1973, the controversy surrounding abortion only just begun, unlike what the justices hoped for. Throughout the following decades, a multitude of cases were presented to the courts surrounding the issue of abortion. While the issue of abortion has been debated thoroughly, individuals on both sides of the issue still voice their opinion in hopes to be heard and enact policy change. The job before the court today is to decide the constitutionality of SB 127 here in ACLU et al. v. DeWine.

    Read More

  • Connick Case

    785 Words  | 4 Pages

    2. Content is a Matter of Public Concern In Connick, the court states that “[s]peech involves a matter of ‘public concern’ when it can fairly be considered to relate to 'any matter of political, social, or other concern to the community.' The ‘essential question is whether the speech addressed matters of public as opposed to personal interest.’” Connick, 461 U.S. 138 at 147.

    Read More

  • Why Should The Confederate Flag Be Allowed In Schools

    304 Words  | 2 Pages

    Since 1969, during the Supreme Court’s decision in Tinker vs. Des Moines trial, ruling has generally been in favor for the student’s freedom of speech. The first amendment is arguably one of the most important amendments and may upset those who feel as if their rights are being violated. However, it is also important to treat others fairly, regarding their beliefs and feelings. Tolerating others is key. This includes respecting their boundaries, ensuring that they feel as if they are in a safe environment.

    Read More

  • Censorship Of The First Amendment Essay

    865 Words  | 4 Pages

    Censorship of The First Amendment This paper will discuss how censorship denies citizens of the United States our full rights as delineated in the First Amendment. It will outline how and why the first amendment was created and included in the Constitution of the United States of America. This paper will also define censorship, discuss a select few legal cases surrounding freedom of speech and censorship as well as provide national and local examples of censorship.

    Read More

  • Roe V. Wade Argumentative Essay

    1038 Words  | 5 Pages

    With almost half the nation divided among their views, abortion remains one of the most controversial topics in our society. Since Roe v. Wade, our views in society as well as following court cases have been progressing toward the woman’s right to choose. The precedent set by Roe v. Wade made the Supreme Court acknowledge that it cannot rule specifically when life begins and it also affirms that it is the woman’s right to have an abortion under the 14th Amendment. In the 1st Amendment, the Establishment Clause forbids the government from passing laws “which aid one religion, aid all religions, or prefer one religion over another”. Many Christian pro-lifers use their religious beliefs to dispute when life begins.

    Read More

  • Right To Be Forgotten Essay

    1354 Words  | 6 Pages

    Though as per the Judgment the right cannot be exercised when it is a particular issue is of public interest , there are serious loopholes in the Judgment which makes it difficult to guard essential public interest. The judgment entirely fails to deals with crucial questions where there is need to decide what would be the basis for deciding whether particular information is in public interest or not? Who is to be held accountable if the information regarding public interest is indeed removed? Upon whom does the burden of proof lies when it comes to deciding public

    Read More

  • Mapp Vs Ohio Case Study

    1872 Words  | 8 Pages

    57. Cruzan v. Director, Missouri Dept. of Health (1990): Cruzan, in a vegetative state, could not make life decisions for herself and was brain dead so her family attempted to end her life support. The hospital would not allow her to do so because Missouri State law required court approval before terminating life support. Because there is no guarantee that family will always make decisions with best interests at heart in addition to the fact that the Missouri policy was designed to save lives, the SC upheld Missouri’s

    Read More

  • Case Study: Welge V. Planter's Lifesavers

    517 Words  | 3 Pages

    Read Case 10-2, Welge v. Planters Lifesavers, on page 243. What theory of liability did Justice Posner use in finding the defendant liable? Judge Posner used the strict product liability theory in finding the defendant liable (Herron, 2011). Under the strict product liability theory, K-Mart (seller) would be held liable for defects in their products even if those defects were not introduced by them; also for failing to discover them during production (Herron, 2011).

    Read More

  • Persuasive Essay On Pro Choice

    2254 Words  | 10 Pages

    There are two sides to this debate in which individuals identify themselves as either “pro-choice” or “pro-life.” Supporters classify themselves as pro-choice, and argue “that choosing abortion is a right that should not be limited by governmental or

    Read More

  • The Fairness Doctrine And Public Policy

    1318 Words  | 6 Pages

    The Commission has consequently recognized the necessity for licensees to devote a reasonable percentage of their broadcast time to the presentation of news and programs devoted to the consideration and discussion of public issues of interest in the community served by the particular station. And we have recognized, with respect to such programs, the paramount right of the public in a free society to be informed and to have presented to it for acceptance or rejection the different attitudes and viewpoints concerning these vital and often controversial issues which are held by the various groups which make up the

    Read More

More about Choose Life Ill Inc Case Summary

Open Document