Hartman v. Moore

Holding that a Bivens remedy may be available for malicious prosecution, but the plaintiff had to allege and prove lack of probable cause

Connick v. Myers

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"

Kansas v. Hendricks

Holding that definitions of mental illness in civil commitment statutes need not track precise medical definitions

New York Times Co. v. Sullivan

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

Gertz v. Robert Welch, Inc.

Holding that a private defamation plaintiff cannot recover punitive damages without proving actual malice

Hill v. Colorado

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"

Smith v. Maryland

Holding that use of pen register was not a "search" for Fourth Amendment purposes

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

Holding that a restriction on commercial speech must directly advance a substantial governmental interest

National Archives and Records Admin. v. Favish

Holding that "[g]iven FOIA's pro-disclosure purpose," a less stringent standard whereby a requester need only "produce evidence that would warrant a belief by a reasonable person" "is more faithful to the statutory scheme" in some contexts

Professional Real Estate Investors, Inc. v. Columbia Pictures Industries, Inc.

Holding litigants immune from an antitrust claim under Noerr-Pennington immunity

Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

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

Section 101 - Definitions

Defining "securities clearing agency" by reference to the Securities Exchange Act of 1934

Section 2510 - Definitions

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 605 - Unauthorized publication or use of communications

Granting broad discretion to courts in the award of statutory damages

Section 2518 - Procedure for interception of wire, oral, or electronic communications

Recognizing that some investigative techniques may be “too dangerous”

Section 2511 - Interception and disclosure of wire, oral, or electronic communications prohibited

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

Section 2520 - Recovery of civil damages authorized

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

Section 6103 - Confidentiality and disclosure of returns and return information

Recognizing an individual's right to privacy with regard to disclosure of tax returns

Section 2701 - Unlawful access to stored communications

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 2703 - Required disclosure of customer communications or records

Recognizing that these providers "shall disclose" such information "when the governmental entity uses an administrative subpoena authorized by a Federal or State statute"

Section 61.19 - Detariffing of international and interstate, domestic interexchange services