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Sacramentans for Fair Planning v. City of Sacramento
Project approval under general plan policy authorizing more intense development than zoning otherwise allowed was rationally related to city's legitimate goal of obtaining quality infill development that provided significant community benefit. 		Constitutional Law 3DCA Jul. 22, 2019
Disability Rights Montana v. Batista
Plaintiff's complaint, which described the horrific treatment of prisoners, was supported by factual allegations more than sufficient to 'state a claim to relief that was plausible on its face.' 		Constitutional Law 9th Jul. 22, 2019
Center for Bio-Ethical Reform v. The Irvine Co.
Ban on 'grisly and gruesome' images constituted a content-based restriction, did not survive strict scrutiny, and was thus unconstitutional. 		Constitutional Law 4DCA/3 Jul. 5, 2019
Edge v. City of Everett
Because wearing pasties and g-strings while working at Quick-Service Facilities is not 'expressive conduct' within the meaning of the First Amendment, City's Dress Code Ordinance did not burden protected expression. 		Constitutional Law 9th Jul. 5, 2019
CTIA v. City of Berkeley
Challenged Berkeley ordinance was reasonably related to substantial governmental interest in public health and safety and its text was literally true, so it survived plaintiff's First Amendment challenge. 		Constitutional Law 9th Jul. 3, 2019
Amalgamated Transit Union Local 1015 v. Spokane Transit Authority
Appellant unreasonably rejected union's proposed advertisement in violation of the union's First Amendment rights; thus, district court's judgment affirmed. 		Constitutional Law 9th Jul. 3, 2019
Mitchell v. Wisconsin
Wisconsin statute assuming unconscious drivers' consent to blood test for drugs or alcohol provided an exception to the Fourth Amendment's warrant requirement for blood draws. 		Constitutional Law USSC Jun. 28, 2019
Tennessee Wine and Spirits Retailers Assn. v. Thomas
Section 2 of Twenty-First Amendment does not confer limitless authority to regulate alcohol trade; thus, under dormant Commerce Clause, State's two year residency requirement for license to operate liquor store was unconstitutional. 		Constitutional Law USSC Jun. 27, 2019
In re J.M.
The First Amendment's protection of free speech does not extend to protecting malicious statements that have the ability to provoke an immediate breach of peace, including false bomb threats. 		Constitutional Law 5DCA Jun. 26, 2019
Iancu v. Brunetti
Lanham Act's 'immoral or scandalous' bar to trademark registration under Section 1052(a) was viewpoint-based and unconstitutional under the First Amendment. 		Constitutional Law USSC Jun. 25, 2019
McDonough v. Smith
The statute of limitations for fabricated evidence claim under Section 1983 began to run when the criminal proceedings against plaintiff terminated in his favor. 		Constitutional Law USSC Jun. 24, 2019
American Legion v. American Humanist Assn.
The Bladensburg Cross did not violate establishment clause of the First Amendment because the cross became a symbol of fallen World War I soldiers' sacrifice. 		Constitutional Law USSC Jun. 24, 2019
Knick v. Township of Scott
State-litigation requirement under 'Williamson County Regional Planning Comm'n v. Hamilton Bank of Johnson City' imposes an unjustifiable burden on takings plaintiffs, conflicts with the rest of takings jurisprudence, and must be overruled. 		Constitutional Law USSC Jun. 24, 2019
North Carolina Dept. of Revenue v. Kimberley Rice Kaestner 1992 Family Trust
Beneficiaries' residence could not, consistent with due process, serve as the sole basis for State's tax on trust income; thus, tax violated due process. 		Constitutional Law USSC Jun. 24, 2019
Park Management Corp. v. In Defense of Animals
Under the California Constitution, private property, such as amusement park entrances, is considered a public forum if the property is open to the public identical to public streets or parks. 		Constitutional Law 1DCA/2 Jun. 24, 2019
Virginia Uranium, Inc. v. Warren
Atomic Energy Act contains no provision preempting state law; thus, it does not preempt Virginia's law banning uranium mining. 		Constitutional Law USSC Jun. 18, 2019
Manhattan Community Access Corp. v. Halleck
Operating public access channels on a cable system was not a traditional, exclusive public function; thus, petitioner was not a state actor subject to the First Amendment. 		Constitutional Law USSC Jun. 18, 2019
Duguid v. Facebook
Telephone Consumer Protection Act's exception for calls 'made solely to collect a debt owed to or guaranteed by the United States' was content-based and violated First Amendment; thus, exception severed. 		Constitutional Law 9th Jun. 14, 2019
Greisen v. Hanken
In his First Amendment retaliation case, the district court properly determined plaintiff spoke as a private citizen and not a public employee. 		Constitutional Law 9th Jun. 3, 2019
Arizona Libertarian Party v. Hobbs
Arizona state law signature requirements are reasonable restrictions that impose a modest burden on the Libertarian Party's right to free association; thus, the judgment is affirmed. 		Constitutional Law 9th Jun. 3, 2019
Tschida v. Motl
Montana's prohibition against revealing ethics complaints' contents was facially unconstitutional, but former Commissioner of Political Practices was entitled to qualified immunity because reliance on the provision was not objectively unreasonable. 		Constitutional Law 9th May 30, 2019
Nieves v. Bartlett
Plaintiff's First Amendment claim that officers arrested him in retaliation for his speech failed because he initiated physical confrontation with officer; probable cause to arrest defeats retaliation claim. 		Constitutional Law USSC May 29, 2019
Box v. Planned Parenthood of Indiana and Kentucky, Inc.
States have legitimate interest in proper disposal of fetal remains; thus, Indiana's new law that prohibits treating fetal remains as 'infectious waste' and incinerating them alongside surgical byproducts survived rational basis review. 		Constitutional Law USSC May 29, 2019
DiRaffael v. California Army Nat. Guard
Under federal regulations which govern selective retention of National Guard officers, states retain constitutional authority to appoint and terminate appointments of National Guard officers consistent with Second Militia Clause. 		Constitutional Law 2DCA/1 May 28, 2019
Perez v. City of Roseville
Precedent was not so clear that every reasonable official would understand terminating plaintiff due to her extramarital relationship with a fellow police officer violated her constitutional right to privacy. 		Constitutional Law 9th May 22, 2019
Cedar Point Nursery v. Shiroma
Regulation allowing union organizers access to agricultural employees at employer worksites under specific circumstances did not effect a Fifth Amendment taking; regulation significantly limits organizers' access to plaintiffs' property. 		Constitutional Law 9th May 9, 2019
People v. Superior Court (J.C. Penney Corp., Inc.
Demurrer based on vagueness should not be sustained to complaint that stated a cognizable theory of liability under the statute which clearly applied to some or all of defendants' conduct. 		Constitutional Law 2DCA/4 May 8, 2019
Consumer Financial Protection Bureau v. Seila Law
For-cause removal restriction protecting Consumer Financial Protection Bureau's Director does not 'impede the President's ability to perform his constitutional duty' to ensure that the laws are faithfully executed. 		Constitutional Law 9th May 7, 2019
In re White
Approach taken under California's second degree felony murder rule was evidence-based on specific steps used to manufacture methamphetamine, which is different from categorical approach found unconstitutional in 'Johnson v. United States.' 		Constitutional Law 4DCA/2 May 1, 2019
John Doe v. Westmont College
College deprived student of fair hearing when Student Conduct Panel credited certain portions of nontestifying witnesses' statements based solely on investigative reports in finding student committed sexual assault. 		Constitutional Law 2DCA/6 Apr. 24, 2019
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