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

MOTION to Alter Judgment or Amend Pursuant to Rule 59

31 Cited authorities

  1. Cooter Gell v. Hartmarx Corp.

    496 U.S. 384 (1990)   Cited 4,131 times   6 Legal Analyses
    Holding that it is necessarily an abuse of discretion to apply the wrong legal standard

  2. In re Winship

    397 U.S. 358 (1970)   Cited 11,647 times   24 Legal Analyses
    Holding that the government must prove every element of a crime beyond a reasonable doubt

  3. Allen v. McCurry

    449 U.S. 90 (1980)   Cited 5,762 times   3 Legal Analyses
    Holding that under res judicata, parties may not "relitigat[e] issues that were or could have been raised" in a prior action

  4. U.S. v. Williams

    553 U.S. 285 (2008)   Cited 1,606 times   10 Legal Analyses
    Holding that solicitation is "categorically excluded from First Amendment protection"

  5. Ward v. Rock Against Racism

    491 U.S. 781 (1989)   Cited 2,865 times   8 Legal Analyses
    Holding that music is protected expression

  6. Semtek International Inc. v. Lockheed Martin Corp.

    531 U.S. 497 (2001)   Cited 1,357 times   3 Legal Analyses
    Holding that the "claim-preclusive effect" of a previous decision by a federal court sitting in diversity is governed by "the law that would be applied by state courts in the State in which the federal diversity court sits"

  7. Ashcroft v. Free Speech Coalition

    535 U.S. 234 (2002)   Cited 945 times   9 Legal Analyses
    Holding invalid the challenged provision of the CPPA because it “cover[ed] materials beyond the categories recognized in Ferber and Miller”

  8. New York v. Ferber

    458 U.S. 747 (1982)   Cited 1,996 times   5 Legal Analyses
    Holding child pornography is not subject to First Amendment protections

  9. Central Hudson Gas Elec. v. Public Serv. Comm'n

    447 U.S. 557 (1980)   Cited 2,052 times   105 Legal Analyses
    Holding that a restriction on commercial speech must directly advance a substantial governmental interest

  10. United States v. Playboy Entertainment Group, Inc.

    529 U.S. 803 (2000)   Cited 829 times   7 Legal Analyses
    Holding that a statute was content based because it “applies only to channels primarily dedicated to sexually explicit adult programming or other programming that is indecent”

  11. Section 2252 - Certain activities relating to material involving the sexual exploitation of minors

    18 U.S.C. § 2252   Cited 6,216 times   33 Legal Analyses
    Punishing one who “knowingly sells or possesses” child pornography

  12. Section 2251 - Sexual exploitation of children

    18 U.S.C. § 2251   Cited 4,629 times   40 Legal Analyses
    Relating to child pornography

  13. Section 1324a - Unlawful employment of aliens

    8 U.S.C. § 1324a   Cited 580 times   45 Legal Analyses
    Authorizing the Attorney General to pursue injunctive relief and criminal sanctions in federal district court

  14. Section 2257 - Record keeping requirements

    18 U.S.C. § 2257   Cited 107 times   2 Legal Analyses
    Requiring producers to "ascertain ... the performer’s name and date of birth"

  15. Section 2257A - Record keeping requirements for simulated sexual conduct

    18 U.S.C. § 2257A   Cited 9 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

  16. Section 136f - Books and records

    7 U.S.C. § 136f   Cited 6 times

    (a) Requirements The Administrator may prescribe regulations requiring producers, registrants, and applicants for registration to maintain such records with respect to their operations and the pesticides and devices produced as the Administrator determines are necessary for the effective enforcement of this subchapter and to make the records available for inspection and copying in the same manner as provided in subsection (b). No records required under this subsection shall extend to financial data

  17. Section 33.501 - What are the recordkeeping requirements of this part?

    40 C.F.R. § 33.501

    (a) A recipient, including those recipients exempted under § 33.411 from the requirement to apply the fair share objectives, must maintain all records documenting its compliance with the requirements of this part, including documentation of its, and its prime contractors', good faith efforts and data relied upon in formulating its fair share objectives. Such records must be retained in accordance with applicable record retention requirements for the recipient's financial assistance agreement. (b)

  18. Section 26.115 - IRB Records

    40 C.F.R. § 26.115

    (a) An institution, or when appropriate an IRB, shall prepare and maintain adequate documentation of IRB activities, including the following: (1) Copies of all research proposals reviewed, scientific evaluations, if any, that accompany the proposals, approved sample consent forms, progress reports submitted by investigators, and reports of injuries to subjects. (2) Minutes of IRB meetings, which shall be in sufficient detail to show attendance at the meetings; actions taken by the IRB; the vote on