53 Cited authorities

Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc.
528 U.S. 167 (2000) Cited 7,354 times 25 Legal Analyses
Holding that plaintiffs who curtailed their recreational activities on a river due to reasonable concerns about the effect of pollutant discharges into that river had standing
Warth v. Seldin
422 U.S. 490 (1975) Cited 12,101 times 15 Legal Analyses
Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"
United States v. Jones
565 U.S. 400 (2012) Cited 1,925 times 109 Legal Analyses
Holding that installation of a tracking device was "a physical intrusion would have been considered a ‘search’ within the meaning of the Fourth Amendment when it was adopted"
Katz v. United States
389 U.S. 347 (1967) Cited 12,598 times 74 Legal Analyses
Holding that failure to recognize a reasonable expectation of privacy in a telephone booth would "ignore the vital role that the public telephone has come to play in private communication"
U.S. v. Stevens
559 U.S. 460 (2010) Cited 1,208 times 10 Legal Analyses
Holding law unconstitutional under First Amendment where "impermissible applications ... far outnumber[ed] any permissible ones"
Hunt v. Washington Apple Advertising Comm'n
432 U.S. 333 (1977) Cited 4,522 times 10 Legal Analyses
Holding that North Carolina's statute banning state grading of apples was discriminatory even though six other states also had no state grading
Skinner v. Railway Labor Executives' Assn
489 U.S. 602 (1989) Cited 2,231 times 24 Legal Analyses
Holding that alcohol and drug tests mandated for railroad employees were reasonable searches and seizures, even in the absence of a warrant or reasonable suspicion, in part because of the "surpassing safety interests" served by such tests
Holder v. Humanitarian Law Project
561 U.S. 1 (2010) Cited 894 times 6 Legal Analyses
Holding that there was a credible risk of enforcement because about 150 people had been previously charged with violating the relevant statue- several for violating the statutory terms at issue in that case
City of Erie v. Pap's A. M.
529 U.S. 277 (2000) Cited 1,077 times 4 Legal Analyses
Holding that an ordinance barring full nudity at nude dancing clubs does not violate the First Amendment
Singleton v. Wulff
428 U.S. 106 (1976) Cited 2,735 times 2 Legal Analyses
Holding that federal appellate courts may raise issues sua sponte where "injustice might otherwise result"
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 355,868 times 945 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 2106 - Determination
28 U.S.C. § 2106 Cited 1,602 times 6 Legal Analyses
Granting appellate courts authority to "direct the entry of ... judgment ... as may be just under the circumstances"
Section 2257 - Record keeping requirements
18 U.S.C. § 2257 Cited 112 times 2 Legal Analyses
Requiring producers to "ascertain ... the performer’s name and date of birth"
Section 2257A - Record keeping requirements for simulated sexual conduct
18 U.S.C. § 2257A Cited 10 times
Stating generally that “[w]hoever produces” any book or other matter containing “visual depictions” of actual or simulated “sexually explicit conduct” shall be subject to the Statutes
Section 75.5 - Inspection of records
28 C.F.R. § 75.5 Cited 11 times 1 Legal Analyses
Implementing regulation for inspection requirement

Free Speech Coalition, Inc. et al v. the Honorable Eric H. Holder, Jr.

53 Cited authorities

Holding that plaintiffs who curtailed their recreational activities on a river due to reasonable concerns about the effect of pollutant discharges into that river had standing

Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"

Holding that installation of a tracking device was "a physical intrusion would have been considered a ‘search’ within the meaning of the Fourth Amendment when it was adopted"

Holding that failure to recognize a reasonable expectation of privacy in a telephone booth would "ignore the vital role that the public telephone has come to play in private communication"

Holding law unconstitutional under First Amendment where "impermissible applications ... far outnumber[ed] any permissible ones"

Holding that North Carolina's statute banning state grading of apples was discriminatory even though six other states also had no state grading

Holding that alcohol and drug tests mandated for railroad employees were reasonable searches and seizures, even in the absence of a warrant or reasonable suspicion, in part because of the "surpassing safety interests" served by such tests

Holding that there was a credible risk of enforcement because about 150 people had been previously charged with violating the relevant statue- several for violating the statutory terms at issue in that case

Holding that an ordinance barring full nudity at nude dancing clubs does not violate the First Amendment

Holding that federal appellate courts may raise issues sua sponte where "injustice might otherwise result"

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Granting appellate courts authority to "direct the entry of ... judgment ... as may be just under the circumstances"

Requiring producers to "ascertain ... the performer’s name and date of birth"

Stating generally that “[w]hoever produces” any book or other matter containing “visual depictions” of actual or simulated “sexually explicit conduct” shall be subject to the Statutes

Implementing regulation for inspection requirement