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1000
[Syllabus]
789 SCHENCK V. PRO CHOICE NETWORK, 519 U.S. 357 (1997).
[Syllabus]
499 MONTANA V. CROW TRIBE OF INDIANS, 523 U.S. 696 (1998)
[Syllabus]
499 HILL V. COLORADO
[Syllabus]
1. Does Colorado's statutory requirement that speakers obtain consent from passersby on public sidewalks and streets before speaking, displaying signs, or distributing leaflets unconstitutionally burden protected expressive rights in a traditional public forum? 2.Does Colorado's statutory designation of private citizens as censors of speech, picket signs, and leaflets on public streets and sidewalks impose an unconstitutional prior restraint? 3. Is a statute that gives broad discretion to passersby in public places to act as censors of speech, picket signs, and leaflets and which fails to prohibit content-based denials of the right to speak, to display signs, or to pass leaflets subject to strict scrutiny? 4. Is a statute that gives broad discretion to passersby in public places to act as censors of speech, picket signs, and leaflets and which fails to prohibit viewpoint-based denials of the right to speak, to display signs, or to pass leaflets unconstitutional per se?
499 CROSBY V. NATIONAL FOREIGN TRADE COUNCIL
[Syllabus]
1. Whether economic sanctions against Burma enacted by Congress in 1996-- three months after enactment of the Massachusetts Burma Law-- implicitly permit, or preempt, state and local selective purchasing laws regarding Burma. 2. Whether selective purchasing law such as the Massachusetts Burma Law represent ""market participation,"" not regulation, and are therefore exempt from claims based on the Foreign Commerce Clause and the foreign affairs power of the federal government. 3. Whether selective purchasing laws such as the Massachusetts Burma Law unconstitutionally interfere with the power of the federal government to conduct foreign affairs. 4. Whether selective purchasing laws such as the Massachusetts Burma Law discriminate against foreign commerce in violation of the Foreign Commerce Clause."
499 AMERICAN INS. ASSN. V. GARAMENDI
[Syllabus]
California's Holocaust Victim Insurance Relief Act (HVIRA) requires California insurers to provide extensive information regarding every insurance policy issued in Nazi dominated Europe between 1920 and 1945 by any insurer with which the California insurer now has a legal relationship. The district court enjoined enforcement of the Act on three constitutional grounds: interference with the federal government's power over foreign affairs, due process, and the Foreign Commerce Clause. Over the objections of the U.S. government and affected foreign governments, and in direct conflict with Gerling Global Reinsurance Corp. v. Gallagher, 267 F.3d 1228 (11th Cir. 2001), the Ninth Circuit reversed and upheld the HVIRA in all respects. 1. Whether the HVIRA, which the U.S. government has called an actual interference with U.S. foreign policy, and which affected foreign governments have protested as inconsistent with international agreements, violates the foreign affairs doctrine of Zschering v. Miller, 389 U.S. 429 (1968). 2. Whether the HVIRA, which attempts to regulate insurance transactions that occurred overseas between foreign parties more than half a century ago, exceeds California's legislative jurisdiction under the Due Process Clause. 3. Whether the McCarran-Ferguson Act, 15 U.S.C. 1011-1015, insulates the HVIRA form review under the Foreign Commerce Clause.