REPLY MEMORANDUM OF LAW in Support re: 41 MOTION to Dismiss NOTICE OF CLAIMANT PUERTO 80 PROJECTS, S.L.U.'S MOTION TO DISMISS PLAINTIFF'S AMENDED COMPLAINT.. Document
376 U.S. 254 (1964) Cited 6,932 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
484 U.S. 383 (1988) Cited 802 times 1 Legal Analyses
Holding that plaintiffs pleaded Article III injury where they alleged "actual and well-founded fear that the law will be enforced against them," explaining that "alleged danger of this statute is . . . one of self-censorship; a harm that can be realized even without an actual prosecution"
403 U.S. 713 (1971) Cited 863 times 3 Legal Analyses
Holding that a claim of potential harm to national security does not provide the executive branch with unconstrained authority to override the freedom of the press
442 U.S. 319 (1979) Cited 593 times 3 Legal Analyses
Holding that officers' inspection of items located behind an enclosed display case constituted a search because it was more intrusive than that of an ordinary customer
478 U.S. 697 (1986) Cited 273 times 1 Legal Analyses
Holding that “the First Amendment is not implicated by the enforcement of” laws “directed at unlawful conduct having nothing to do with ... expressive activity”
367 U.S. 717 (1961) Cited 567 times 1 Legal Analyses
Striking down a search warrant authorizing seizure of "obscene materials" because it was impossible to execute warrant "with any realistic expectation that the obscene might be accurately separated from the constitutionally protected"
18 U.S.C. § 983 Cited 2,806 times 8 Legal Analyses
Noting that for purposes of the innocent owner defense to civil forfeiture, "no person may assert an ownership interest under this subsection in contraband or other property that it is illegal to possess"