Cannabis Ruderalis

How this document has been cited

The Supreme Court has "consistently condemned licensing systems which vest in an administrative official discretion to grant or withhold a permit upon broad criteria unrelated to proper regulation of public places
We also note that the speech in this case occurred on public streets—locations that have been "held in trust for the use of the public and, time out of mind, have been used for purposes of assembly, communicating thoughts between citizens, and discussing public questions."
- in State v. Ervin, 2000 and 64 similar citations
"*** We have here, then, an ordinance which gives an administrative official discretionary power to control in advance the right of citizens to speak on religious matters on the streets of New York. As such, the ordinance is clearly invalid as a prior restraint on the exercise of First Amendment rights."
- in Shuttlesworth v. City of Birmingham, 1965 and 69 similar citations
—a New York City ordinance which made it unlawful to hold public worship meetings on the streets without first obtaining a permit.
—invalidating a New York City ordinance forbidding public worship meetings on the streets without a permit because the ordinance was a prior restraint
- in Auburn Police Union v. Carpenter, 1992 and 57 similar citations
But appellant does not rely on the overbreadth doctrine under which a person may challenge a statute that infringes protected speech even if the statute constitutionally might be applied to him.
- in Ohralik v. Ohio State Bar Assn., 1978 and 33 similar citations
Any system of prior restraints of expression comes to this Court bearing a heavy presumption against its constitutional validity.
- in Bantam Books, Inc. v. Sullivan, 1963 and 39 similar citations
I) t is very easy to read a statute to permit some hypothetical violation of civil rights but difficult to draft one which will not be subject to the same infirmity.
- in Pickering and the Police: A Matrix for Decision-making and 35 similar citations
Regulation short of absolute prohibition is also invalid when expression is made dependent on state approval by the obtaining of a permit
- in Huntley v. Public Util. Com., 1968 and 32 similar citations
Such unfettered discretion in imposing prior restraints on speech in public forums violates the First Amendment.
- in Smith v. TARRANT COUNTY COLLEGE DIST., 2009 and 33 similar citations

Cited by

491 SW 3d 733 - Tex: Court of Criminal Appeals 2015
484 F. 3d 1142 - Court of Appeals, 9th Circuit 2007
365 US 43 - Supreme Court 1961
12 AD 2d 272 - NY: Appellate Div., 1st Dept. 1961
701 NE 2d 856 - Ind: Court of Appeals 1998
896 F. 2d 190 - Court of Appeals, 6th Circuit 1990
591 F. Supp. 917 - Dist. Court, D. Maryland 1984
594 F. Supp. 1543 - Dist. Court, D. South Carolina 1984
180 So. 2d 114 - Ala: Court of Appeals 1965
34 Misc. 2d 677 - NY: Supreme Court, Niagara 1962

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