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Key Cases Relevant to Intel v. Hamidi
Key Supreme Court Cases:
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Marsh
v. Alabama, 326 U.S. 501 (1946)
State could not enforce a statute which restricted freedom of speech in a company-owned town.
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New
York Times v. Sullivan, 376 U.S. 254 (1964)
Where Alabama courts had applied a state law
allegedly abridging freedom of speech, the fact that the lawsuit was
civil in nature did not prevent it from being state action because
"[t]he test is not the form in which state
power has been applied but, whatever the form, whether such power has in fact been exercised."
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Shelley
v. Kraemer, 334 U.S. 1 (1948)
Judicial enforcement of restrictive racial covenants would constitute unconstitutional state action in violation of the Equal Protection Clause of the Fourteenth Amendment.
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Amalgamated
Food Employees Union v. Logan Valley Plaza, 391 U.S. 308 (1968)
Where shopping center served as "community business block,"
state could not apply its trespass laws to exclude members of the
public from exercising their First Amendment rights in manner and
for purpose "generally consonant with the use to which the property
is actually put." Overruled by Hudgens v. NLRB.
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Lloyd
Corp. v. Tanner, 407 U.S. 551 (1972)
Where private shopping center had not been dedicated to public use, court would not grant an injunction requiring the shopping center to allow political speech on its premises.
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Hudgens
v. NLRB, 424 U.S. 507 (1976)
A shopping center owner who threatened to have protestors arrested for picketing did not violate their First Amendment rights where shopping center was private property.
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Cohen
v. Cowles Media Co., 501 U.S. 663 (1991)
Judicial enforcement of promissory estoppel, a state law doctrine, would constitute state action.
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NAACP
v. Claiborne Hardware Co., 458 U.S. 886 (1982)
Imposition of tort liability for business losses is state action, the permissibility of which is determined by whether the activity complained of is constitutionally protected.
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Perry
Educ. Ass'n v. Perry Local Educators' Ass'n, 460 U.S. 37 (1983)
Fact that school mail facility had been opened for periodic use by civic and church organizations did not render it a "limited public forum," and preferential access granted to labor group was permissible where it served a legitimate public purpose.
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Pruneyard
Shopping Center v. Robings, 447 U.S. 74 (1980)
California state constitutional provisions providing right of free expression on shopping center property do not amount to an unconstitutional taking or infringement of the owner's property rights.
Other Notable State Action Cases:
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Cape Cod Nursing Home Council f. Rambling Rose Rest Home, 667 F. 2d 238
(1st Cir. 1991)
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Illinois Migrant Council v. Campbell Soup Co., 574 F.2d 374 (7th Cir. 1978)
Unsolicited Email
Compuserve
Inc. v. Cyber Promotions, Inc., 962 F. Supp. 1015 (S.D. Oh. 1996)
Granting preliminary injunction prohibiting Cyber Promotions from sending unsolicited email adverisements to Compuserve's subscribers.
Cyber Promotions,
Inc. v. America Online, 948 F. Supp. 436 (E.D. Pa. 1996)
Partial summary judgment holding that Cyber Promotions has no First Amendment right to send unsolicited email advertisements to AOL members.
Trespass to Chattels
Other Forms of Unsolicited Speech
Supreme court cases:
California cases:
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Allred v. Shawley, 232 Cal. App. 3d 1489
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Wollam v. City of Palm Springs, 379 P. 2d 481 (1963)
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United Farm Workers Organier Committee v. Superior Court of Kern County,
62 Cal. Rptr. 567 (1967)
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Laguna Publishing Co. v. Golden Rain Foundation of Laguna Hilles, 131 Cal.
App. 3d 816 (1982)
The Internet as a Speech Forum
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