• Under the NoerrPennington doctrine, private entities are immune from liability under the antitrust laws for attempts to influence the passage or enforcement...
    11 KB (1,484 words) - 18:09, 24 April 2024
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    purpose." In two 1960s decisions collectively known as forming the Noerr-Pennington doctrine, the Court established that the right to petition prohibited the...
    218 KB (26,395 words) - 14:26, 26 May 2024
  • Conference v. Noerr Motor Freight Inc. and United Mine Workers v. Pennington), the Supreme Court had created the NoerrPennington doctrine. Because of the...
    10 KB (1,185 words) - 01:55, 13 September 2023
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    considered legal under the Noerr-Pennington doctrine. Also, regulations by states may be immune under the Parker immunity doctrine. Professional Real Estate...
    91 KB (12,433 words) - 04:11, 3 May 2024
  • the Noerr-Pennington doctrine does not require a finding of Parker state action. If the government "action" taken is the result of petitioning, Noerr-Pennington...
    18 KB (2,743 words) - 15:05, 2 June 2024
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    component. Judgement declined to accept Edwards' application of NoerrPennington doctrine to dismiss Hoffman's anti competition counterclaim. In June 2022...
    36 KB (3,193 words) - 15:12, 4 April 2024
  • Thumbnail for A.D. Bedell Wholesale Co., Inc. v. Philip Morris Inc.
    companies were immune from antitrust liability under the Noerr-Pennington and Parker immunity doctrines. The wholesalers were challenging two sections of the...
    6 KB (629 words) - 14:26, 11 May 2024
  • "Survival of the Common Law Abuse of Process Tort in the Face of a Noerr-Pennington Defense". University of Chicago Law Review. 65 (2). University of Chicago...
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  • the US Supreme Court in which the Court articulated the fighting words doctrine, a limitation of the First Amendment's guarantee of freedom of speech....
    12 KB (1,264 words) - 07:03, 6 November 2023
  • Amendment remained in force: advocacy of law violation, even as an abstract doctrine, could be punished under law consistent with the free speech clause. The...
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    which is applicable to state and local governments under the incorporation doctrine, prevents only government restrictions on speech, not restrictions imposed...
    85 KB (10,389 words) - 02:10, 9 June 2024
  • The government speech doctrine, in American constitutional law, says that the government is not infringing the free speech rights of individual people...
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  • prohibit "advocacy of the forcible overthrow of the government as an abstract doctrine". The Court recognized that "advocacy to action" circumstances would be...
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  • erroneous doctrine of Government." Gitlow was later briefly elected General Secretary of the American Communist Party in 1929. The Court used the doctrine first...
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  • public funds derived by state or local taxation to teach the theory or doctrine that mankind ascended or descended from a lower order of animals, and also...
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  • use of scarce broadcasting frequencies. As a result, the FCC's Fairness Doctrine was found to be constitutional. In November 1964, Pennsylvania radio station...
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  • its actual purpose in enacting the statute was to promote the religious doctrine of "creation science". An Arkansas District Court previously held in a...
    16 KB (1,747 words) - 10:52, 7 April 2024
  • action caused by speech that government officials find inappropriate. This doctrine was solidified by the Supreme Court ruling in Brandenburg v. Ohio in 1969...
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  • speech that qualify for First Amendment protection. The commercial speech doctrine, outlining acceptable and unacceptable government restrictions on ads based...
    12 KB (1,395 words) - 08:36, 2 March 2024
  • statute. So the films are not admissible as evidence under the plain view doctrine, which requires that the character of the object is "immediately apparent"...
    17 KB (1,998 words) - 00:00, 25 April 2024
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    failing to distinguish between advocacy of forcible overthrow as an abstract doctrine and advocacy of action to that end, the District Court appears to have...
    105 KB (13,744 words) - 22:43, 31 March 2024
  • (1878), Scalia wrote, "To permit this would be to make the professed doctrines of religious belief superior to the law of the land, and in effect to...
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  • to the Establishment Clause, rather than reshaping Establishment Clause doctrine to accommodate legislative prayer. For my purposes, however, I must begin...
    8 KB (804 words) - 02:39, 13 September 2023
  • 491 U.S. at 403. Post, Robert (July 1995). "Recuperating First Amendment Doctrine". Stanford Law Review. 47 (7): 1249–1281. doi:10.2307/1229192. JSTOR 1229192...
    42 KB (4,641 words) - 08:51, 1 June 2024
  • basis of Congress' or our own notions of mere "reasonableness." Such a doctrine waters down the First Amendment so that it amounts to little more than...
    17 KB (1,974 words) - 02:05, 13 September 2023
  • being unconstitutional. The case also established the preferred position doctrine, which states that "[f]reedom of press, freedom of speech, [and] freedom...
    6 KB (700 words) - 02:46, 13 September 2023
  • held that the nexus need merely be reasonable. The court also merged its doctrine of time-place-manner restrictions and the O'Brien test into an intermediate...
    21 KB (2,626 words) - 00:40, 26 September 2023
  • restriction on lawyer advertising under the First Amendment's commercial speech doctrine. The Court's decision was the first time it did so since Bates v. State...
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    the affairs of men". However, in Moore's view this did not violate the doctrine of separation of church and state; as the presiding judge later summarized...
    14 KB (1,591 words) - 03:47, 11 May 2024
  • 1305 was an unconstitutional violation of due-process rights. Since Court doctrine holds that if it is possible to construe a statute in a way that avoids...
    28 KB (3,531 words) - 03:14, 13 September 2023