127 Cited authorities

Almendarez-Torres v. United States
523 U.S. 224 (1998) Cited 6,541 times 21 Legal Analyses
Holding that the fact of a prior conviction is not an element of an offense even when it increases a defendant's statutory maximum term of imprisonment
Leatherman v. Tarrant County Narcotics Intelligence & Coordination Unit
507 U.S. 163 (1993) Cited 5,133 times 2 Legal Analyses
Holding that there is no heightened pleading requirement in § 1983 suits against municipalities
Payton v. New York
445 U.S. 573 (1980) Cited 7,658 times 33 Legal Analyses
Holding that a New York statute "authoriz[ing] police officers to enter a private residence without a warrant and with force, if necessary, to make a routine felony arrest" was "not consistent with the Fourth Amendment"
United States v. Ron Pair Enterprises, Inc.
489 U.S. 235 (1989) Cited 4,584 times 16 Legal Analyses
Holding that where Congress expresses its intent "with sufficient precision," then "reference to legislative history and to pre-Code practice is hardly necessary"
Connick v. Myers
461 U.S. 138 (1983) Cited 5,878 times 15 Legal Analyses
Holding that an employer need not "allow events to unfold to the extent that the disruption of the office and the destruction of working relationships is manifest before taking action"
Ward v. Rock Against Racism
491 U.S. 781 (1989) Cited 2,875 times 8 Legal Analyses
Holding that music is protected expression
New York Times Co. v. Sullivan
376 U.S. 254 (1964) Cited 6,929 times 36 Legal Analyses
Holding that a public official or public figure can recover damages for defamation on a matter of public concern only if he proves that the speaker acted with actual malice
Hill v. Colorado
530 U.S. 703 (2000) Cited 1,290 times 6 Legal Analyses
Holding content neutral a ban on "picketing," "demonstrating," "protest, education, or counseling" even though it may require the government "to review the content of the statements made"
Morales v. Trans World Airlines, Inc.
504 U.S. 374 (1992) Cited 1,711 times 11 Legal Analyses
Holding that guidelines on airfare advertising were "related to" the rates, routes, or services of an air carrier given that every guideline makes "express reference to [air]fares"
City of Indianapolis v. Edmond
531 U.S. 32 (2000) Cited 1,061 times 15 Legal Analyses
Holding that "narcotics-detection" checkpoint lacked sufficient "special need" because its "primary purpose was to detect evidence of ordinary criminal wrongdoing"
Section 17200 - Unfair competition defined
Cal. Bus. & Prof. Code § 17200 Cited 17,937 times 315 Legal Analyses
Prohibiting unlawful business practices
Section 1681 - Congressional findings and statement of purpose
15 U.S.C. § 1681 Cited 6,354 times 191 Legal Analyses
Recognizing the need to protect "the consumer's right to privacy"
Section 2510 - Definitions
18 U.S.C. § 2510 Cited 4,265 times 79 Legal Analyses
Defining "[i]nvestigative or law enforcement officer" as an officer "empowered by law to conduct investigations of or to make arrests for [certain] offenses . . . and any attorney authorized by law to prosecute or participate in the prosecution of such offenses"
Section 241 - Conspiracy against rights
18 U.S.C. § 241 Cited 4,229 times 15 Legal Analyses
Criminalizing civil-rights violations
Section 605 - Unauthorized publication or use of communications
47 U.S.C. § 605 Cited 3,653 times 3 Legal Analyses
Granting broad discretion to courts in the award of statutory damages
Section 2518 - Procedure for interception of wire, oral, or electronic communications
18 U.S.C. § 2518 Cited 2,902 times 13 Legal Analyses
Recognizing that some investigative techniques may be “too dangerous”
Section 2511 - Interception and disclosure of wire, oral, or electronic communications prohibited
18 U.S.C. § 2511 Cited 2,791 times 42 Legal Analyses
Imposing a penalty on persons who “intentionally intercept ... any wire, oral, or electronic communication”
Section 2520 - Recovery of civil damages authorized
18 U.S.C. § 2520 Cited 1,347 times 2 Legal Analyses
Permitting recovery of actual and punitive damages, as well as a reasonable attorney's fee and other costs of litigation reasonably incurred
Section 2701 - Unlawful access to stored communications
18 U.S.C. § 2701 Cited 1,330 times 135 Legal Analyses
Holding liable any person who "intentionally accesses without authorization a facility through which an electronic communication service is provided ... and thereby obtains, alters, or prevents authorized access to a wire or electronic communication while it is in electronic storage"
Section 1232g - Family educational and privacy rights
20 U.S.C. § 1232g Cited 1,224 times 55 Legal Analyses
Prohibiting release of educational records without consent

In re National Security Agency Telecommunications Records Litigation

127 Cited authorities

Holding that the fact of a prior conviction is not an element of an offense even when it increases a defendant's statutory maximum term of imprisonment

Holding that there is no heightened pleading requirement in § 1983 suits against municipalities

Holding that a New York statute "authoriz[ing] police officers to enter a private residence without a warrant and with force, if necessary, to make a routine felony arrest" was "not consistent with the Fourth Amendment"

Holding that where Congress expresses its intent "with sufficient precision," then "reference to legislative history and to pre-Code practice is hardly necessary"

Holding that an employer need not "allow events to unfold to the extent that the disruption of the office and the destruction of working relationships is manifest before taking action"

Holding that music is protected expression

Holding that a public official or public figure can recover damages for defamation on a matter of public concern only if he proves that the speaker acted with actual malice

Holding content neutral a ban on "picketing," "demonstrating," "protest, education, or counseling" even though it may require the government "to review the content of the statements made"

Holding that guidelines on airfare advertising were "related to" the rates, routes, or services of an air carrier given that every guideline makes "express reference to [air]fares"

Holding that "narcotics-detection" checkpoint lacked sufficient "special need" because its "primary purpose was to detect evidence of ordinary criminal wrongdoing"

Prohibiting unlawful business practices

Recognizing the need to protect "the consumer's right to privacy"

Defining "[i]nvestigative or law enforcement officer" as an officer "empowered by law to conduct investigations of or to make arrests for [certain] offenses . . . and any attorney authorized by law to prosecute or participate in the prosecution of such offenses"

Criminalizing civil-rights violations

Granting broad discretion to courts in the award of statutory damages

Recognizing that some investigative techniques may be “too dangerous”

Imposing a penalty on persons who “intentionally intercept ... any wire, oral, or electronic communication”

Permitting recovery of actual and punitive damages, as well as a reasonable attorney's fee and other costs of litigation reasonably incurred

Holding liable any person who "intentionally accesses without authorization a facility through which an electronic communication service is provided ... and thereby obtains, alters, or prevents authorized access to a wire or electronic communication while it is in electronic storage"

Prohibiting release of educational records without consent