Hooray for these courts striking down a blatantly unconstitution city government attack on free speech!
CINCINNATI – The village of Glendale, a suburb of Cincinnati, enacted an ordinance banning residents from posting "For Sale" signs on cars parked on public property. In an 8-7 split decision, the 6th U.S. Circuit Court of Appeals reversed previous federal district court and three-judge appeals panels, and found that the ordinance violates constitutionally protected commercial speech rights.
Glendale resident and lawyer Chris Pagan, sued the village of Glendale. He was threatened with a fine in 2003 if he did not remove the for sale sign from a car he owned. He sued on the basis that the ordinance violated his First Amendment rights.
The village of Glendale made the typical argument: They claim their ordinance is a traffic safety issue. Many cities excuse this unconstitutional law by claiming that people who stop to inspect a car for sale in a public roadway might be injured.
Many cities have similar ordinances which ban washing or repairing vehicles in the street.
Unfortunately a minority of the 6th U.S. Circuit Court of Appeals judges had no problem with denying people their right to post a for sale sign, claiming "The act of selling a car in a public street invites prospective buyers into the road to examine the car, and common sense supports a ban on such acts."
The dissenting judges pointed out more than 200 similar ordinances in the four states - Ohio, Michigan, Kentucky and Tennessee - from which the 6th Circuit hears appeals.
Argentina: Inconstitucional, la Ley de Punto Final.(TT: Argentina: unconstitutional, the law of immunity.): An article from: Siempre!
Rubén Montedónico$5.95(USD)
This digital document is an article from Siempre!, published by Edicional Siempre on March 21, 2001. The length of the article is 862 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.
Citation DetailsTitle: Argentina: Inconstitucional, la Ley de Punto Final.(TT: Argentina: unconstitutional, the law of immunity.)
Author: Rubén Montedónico
Publication: Siempre! (Refereed)
Date: March 21, 2001
Publisher: Edicional Siempre
Volume: 47
Issue: 2492
Page: 44
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Texas workers' comp. law declared unconstitutional.: An article from: National Underwriter Property & Casualty-Risk & Benefits Management
Jaelene Fayhee$5.95(USD)
This digital document is an article from National Underwriter Property & Casualty-Risk & Benefits Management, published by The National Underwriter Company on May 20, 1991. The length of the article is 1053 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.
Citation DetailsTitle: Texas workers' comp. law declared unconstitutional.
Author: Jaelene Fayhee
Publication: National Underwriter Property & Casualty-Risk & Benefits Management (Magazine/Journal)
Date: May 20, 1991
Publisher: The National Underwriter Company
Issue: n20
Page: p1(2)
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Georgia asbestos law ruled unconstitutional.: An article from: Trial
Allison Torres Burtka$9.95(USD)
This digital document is an article from Trial, published by Thomson Gale on February 1, 2007. The length of the article is 616 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.
Citation DetailsTitle: Georgia asbestos law ruled unconstitutional.
Author: Allison Torres Burtka
Publication: Trial (Magazine/Journal)
Date: February 1, 2007
Publisher: Thomson Gale
Volume: 43
Issue: 2
Page: 78(2)
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Presidential Defiance of "Unconstitutional" Laws: Reviving the Royal Prerogative (Contributions in Legal Studies)
Christopher N. May$119.95(USD)
Since the mid-1970s American presidents have, with growing frequency, claimed that they have the power to ignore any law they believe is unconstitutional. Beginning with a review of the English constitutional backdrop against which the U.S. Constitution was framed, this book demonstrates that the Founders did not intend to confer on the president a power equivalent to the royal prerogative of suspending the laws, which was stripped from the English Crown in 1689. The author examines each of the nearly 150 instances in which presidents from George Washington to Jimmy Carter have objected to the validity of a law, in order to determine whether or not the president then ignored the law in question. This examination of the historical record reveals that prior to the mid-1970s the White House only rarely failed to honor a law that it believed to be unconstitutional.
Is the right to organize unconstitutional?: An article from: Yale Law Journal
Aron Fischer$5.95(USD)
This digital document is an article from Yale Law Journal, published by Yale University, School of Law on June 1, 2004. The length of the article is 4010 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.
Citation DetailsTitle: Is the right to organize unconstitutional?
Author: Aron Fischer
Publication: Yale Law Journal (Refereed)
Date: June 1, 2004
Publisher: Yale University, School of Law
Volume: 113
Issue: 8
Page: 1999(8)
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Presidential Defiance of "Unconstitutional" Laws: Reviving the Royal Prerogative.(Review) (book reviews): An article from: Constitutional Commentary
J. Randy Beck$5.95(USD)
This digital document is an article from Constitutional Commentary, published by Constitutional Commentary, Inc. on June 22, 1999. The length of the article is 5944 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.
Citation DetailsTitle: Presidential Defiance of "Unconstitutional" Laws: Reviving the Royal Prerogative.(Review) (book reviews)
Author: J. Randy Beck
Publication: Constitutional Commentary (Refereed)
Date: June 22, 1999
Publisher: Constitutional Commentary, Inc.
Volume: 16
Issue: 2
Page: 419
Article Type: Book Review
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