Majority Opinions Authored by Justice William Rehnquist

Petitioner S. Simcha Goldman contends that the Free Exercise Clause of the First Amendment to the United States Constitution permits him to wear a yarmulke while in uniform, notwithstanding an Air Force regulation mandating uniform dress for Air Force personnel. The District Court for the District of Columbia permanently enjoined the Air Force from enforcing its regulation against petitioner and from penalizing him for wearing his yarmulke. The Court of Appeals for the District of Columbia Circuit reversed on the ground that the Air Force's strong interest in discipline justified the strict enforcement of its uniform dress requirements. We granted certiorari because of the importance of the question, 472 U. S. 1016 (1985), and now affirm.

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On March 5, 1971, a grand jury in the United States District Court for the Southern District of California indicted petitioners William L. Hamling, Earl Kemp, Shirley R. Wright, David L. Thomas, Reed Enterprises, Inc., and Library Service, Inc., on 21 counts of an indictment charging use of the mails to carry an obscene book, The Illustrated Presidential Report of the Commission on Obscenity and Pornography, and an obscene advertisement, which gave information as to where, how, and from whom and by what means the Illustrated Report might be obtained, and of conspiracy to commit the above offenses, in violation of 18 U. S. C. §§ 2, 371, and 1461.[1] Prior to trial, petitioners moved to dismiss the indictment on the grounds that it failed to inform them of the charges, and that the grand jury had insufficient evidence before it to return an indictment and was improperly instructed on the law. Petitioners also challenged the petit jury panel and moved to strike the venire on the ground that there had been an unconstitutional exclusion of all persons under 25 years of age. The District Court denied all of these motions.

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Hustler magazine parodied Jerry Falwell, a nationally-known minister and public commentator, in a cartoon that imagined Falwell recalling his first sexual experience with his mother in an outhouse. The cartoon included a disclaimer that it was an “ad parody not to be taken seriously.” Falwell received damages for intentional infliction of emotional distress from the trial court and the Fourth Circuit.

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The Port Authority of New York and New Jersey, which owns and operates the Kennedy, La Guardia, and Newark airports, adopted regulations prohibiting persons or groups from soliciting money or distributing literature within the terminals. The International Society for Krishna Consciousness is a not-for-profit religious corporation whose members perform a ritual known as sankirtan, which consists of going into public places, disseminating literature, and soliciting funds to support the religion. The Society challenged the Port Authority's regulations on the grounds that the regulations deprived the Society's members of their free speech rights under the First Amendment. The trial court ruled in favor of the Society, holding that the airports were public forums and that the regulations were too broad. The Second Circuit Court of Appeals concluded that the airports were not public forums and that the ban on solicitations was reasonable. The Court of Appeals, however, affirmed the trial court's ruling that the ban on distributing literature violated the First Amendment. When evaluating a governmental regulation of speech on government-owned property, the property first must be categorized as a traditional public forum, a designated public forum, or a nonpublic forum. Perry Education Assn. v. Perry Local Educators' Assn., 460 U.S. 37 (1983). Traditional public forums are places, such as streets and sidewalks, where public discourse and debate have traditionally occurred. Designated public forums are places, such as university auditoriums, that the government has expressly opened to certain types of expression. Nonpublic forums are all other government-owned property. Cornelius v. NAACP Legal Defense & Educational Fund, Inc., 473 U.S. 788 (1985). Any regulation of speech in a public forum, traditional or designated, must be narrowly tailored to achieve a compelling governmental interest. A regulation of speech in a nonpublic forum, however, need only be reasonable and content-neutral. Perry Education Ass'n. v. Perry Local Educators' Ass'n., 460 U.S. 37 (1983).

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Appellant was convicted in Georgia of the crime of distributing obscene material. His conviction, in March 1972, was for showing the film "Carnal Knowledge" in a movie theater in Albany, Georgia. The jury that found appellant guilty was instructed on obscenity pursuant to the Georgia statute, which defines obscene material in language similar to that of the definition of obscenity set forth in this Court's plurality opinion in Memoirs v. Massachusetts, 383 U. S. 413, 418 (1966):

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Pursuant to regulations promulgated by the North Carolina Department of Correction, appellants prohibited inmates from soliciting other inmates to join appellee, the North Carolina Prisoners' Labor Union, Inc. (Union), barred all meetings of the Union, and refused to deliver packets of Union publications that had been mailed in bulk to several inmates for redistribution among other prisoners. The Union instituted this action, based on 42 U. S. C. § 1983, to challenge these policies. It alleged that appellants' efforts to prevent the operation of a prisoners' union violated the First and Fourteenth Amendment rights of it and its members and that the refusal to grant the Union those privileges accorded several other organizations operating within the prison system deprived the Union of equal protection of the laws. A three-judge court was convened. After a hearing, the court found merit in the Union's free speech, association, and equal protection arguments, and enjoined appellants from preventing inmates from soliciting other prisoners to join the Union and from "refus[ing] receipt of the Union's publications on the ground that they are calculated to encourage membership in the organization or solicit joining." The court also held that the Union "shall be accorded the privilege of holding meetings under such limitations and control as are neutrally applied to all inmate organizations . . . ." 409 F. Supp. 937. We noted probable jurisdiction to consider whether the First and Fourteenth Amendments extend prisoner labor unions such protection. 429 U. S. 976. We have decided that they do not, and we accordingly reverse the judgment of the District Court.

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A Florida state court ordered that antiabortion protestors could not demonstrate within 36 feet of an abortion clinic, make loud noises within earshot of the clinic, display images observable from the clinic, approach patients within 300 feet of the clinic, and demonstrate within 300 feet of the residence of any clinic employee. The Florida Supreme Court upheld the injunction in its entirety. When speech in a public forum is prohibited because of its content, the state must be able to demonstrate that the regulation is narrowly tailored to serve a compelling governmental issue. Perry Education Assn. v. Perry Local Educators' Assn., 460 U.S. 37 (1983). If the regulation is neutral as to the speaker's content, the regulation need only be a reasonable restriction on the time, place, or manner of the speech. Ward v. Rock Against Racism, 491 U.S. 781 (1989).

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The District Court for the Eastern District of New York originally dismissed respondent's complaint seeking declaratory and injunctive relief against a regulation promulgated by petitioner limiting the length of a policeman's hair. On respondent's appeal to the Court of Appeals for the Second Circuit, that judgment was reversed, and on remand the District Court took testimony and thereafter granted the relief sought by respondent. The Court of Appeals affirmed, and we granted certiorari, 421 U. S. 987 (1975), to consider the constitutional doctrine embodied in the rulings of the Court of Appeals. We reverse.

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The Freedom of Information Act (FOIA) vests jurisdiction in federal district courts to enjoin an "agency from withholding agency records and to order the production of any agency records improperly withheld from the complainant." 5 U. S. C. § 552 (a) (4) (B). We hold today that even if a document requested under the FOIA is wrongfully in the possession of a party not an "agency," the agency which received the request does not "improperly withhold" those materials by its refusal to institute a retrieval action. When an agency has demonstrated that it has not "withheld" requested records in violation of the standards established by Congress, the federal courts have no authority to order the production of such records under the FOIA.

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Petitioner James Zobrest, who has been deaf since birth, asked respondent school district to provide a sign-language interpreter to accompany him to classes at a Roman Catholic high school in Tucson, Arizona, pursuant to the Individuals with Disabilities Education Act (IDEA), 20 U. S. C. § 1400 et seq., and its Arizona counterpart, Ariz. Rev. Stat. Ann. § 15761 et seq. (1991 and Supp. 1992). The United States Court of Appeals for the Ninth Circuit decided, however, that provision of such a publicly employed interpreter would violate the Establishment Clause of the First Amendment. We hold that the Establishment Clause does not bar the school district from providing the requested interpreter.

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In 1996, California law was amended to prohibit the release of the addresses of persons arrested if the information would be used for commercial purposes. The same law allowed the release of such information if used for a "scholarly, journalistic, political or governmental purpose" or for "investigative purposes" by a licensed investigator. Both lower courts ruled the law unconstitutional on First Amendment grounds. Laws that burden commercial speech must advance a substantial governmental interest in a direct and material way and be narrowly drawn. Central Hudson Gas & Electric Corp. v. Public Service Comm'n of New York, 447 U.S. 557 (1980). "Neither the First Amendment nor the Fourteenth Amendment mandates a right of access to government information or sources of information within the government's control." Houchins v. KQED, Inc., 438 U.S. 1 (1978).

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Petitioner was convicted of selling material which had been judicially declared obscene. At his trial he was not permitted to litigate the obscenity vel non of the publication which was the basis of his prosecution, even though he had not been a party to the earlier civil adjudication in which it was held obscene. We granted certiorari, 422 U. S. 1040 (1975), to consider whether this procedure comported with our decisions delineating the safeguards which must attend attempts by the States to prohibit dissemination of expression asserted to be protected by the First and Fourteenth Amendments against such interference. We reverse.

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An Indiana public indecency statute prohibits, among other things, appearing nude in public. Two adult entertainment establishments and an erotic dancer sued to prevent enforcement of this statute as it applied to nude dancing. The trial court eventually held that nude dancing is not expressive activity protected by the First Amendment and upheld the statute. The Seventh Circuit Court of Appeals reversed, holding that non-obscene nude dancing is entitled to First Amendment protection. When speech and non-speech elements are combined in the same course of conduct (such as burning a draft card), the government can regulate that conduct if (1) the regulation is within the constitutional power of the government, (2) the regulation furthers a substantial governmental interest, (3) the governmental interest is unrelated to the suppression of free expression, and (4) the incidental restriction on the speech element of the conduct is not greater than necessary to further the substantial governmental interest. United States v. O'Brien, 391 U.S. 367 (1968).

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A Minnesota law prohibits ballot fusion, which is a practice that allows political candidates to appear on the ballot as the nominee of more than one party. While widespread in the 19th century, this practice now is prohibited in most states. These prohibitions tend to inhibit the growth of third parties by reducing their ability to ally themselves with established parties. The candidate in the Minnesota case, Andy Dawkins, was running unopposed as the nominee of the "major" Democratic-Farm-Labor party for a state representative seat. The Twin Cities Area New Party, a "minor" party under Minnesota law, wished to nominate Dawkins as its candidate for the same seat, and Dawkins was willing to appear on the ballot as a multi-party candidate. The Democratic-Farm-Labor party did not object to the New Party's nomination of Dawkins. Under the Minnesota non-fushion law, however, Dawkins was prohibited from appearing on the ballot as the nominee of the New Party. The New Party sued, but the district court upheld the Minnesota law. On appeal, the Eighth Circuit Court of Appeals reversed, holding that the Minnesota law severely burdened the New Party's associational rights and that the law was not narrowly tailored to achieve the law's stated purposes. When deciding whether a state election law violates the First Amendment, the Court is to balance the statute's burden on expression against the purposes the law is designed to serve. Burdick v. Takushi, 504 U.S. 428 (1992). If the burden is significant, the statute must further a compelling state interest. If the burden is not as great, the law will be upheld if it advances an "important," though not necessarily compelling, interest.Anderson v. Celebrezze, 460 U.S. 780 (1983).

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While petitioner Milkovich was a high school wrestling coach, his team was involved in an altercation at a match with another high school's team. Both he and School Superintendent Scott testified at an investigatory hearing before the Ohio High School Athletic Association (OHSAA), which placed the team on probation. They testified again during a suit by several parents, in which a county court overturned OHSAA's ruling. The day after the court's decision, respondent Lorain Journal Company's newspaper published a column authored by respondent Diadiun, which implied that Milkovich lied under oath in the judicial proceeding. Milkovich commenced a defamation action against respondents in the county court, alleging that the column accused him of committing the crime of perjury, damaged him in his occupation of teacher and coach, and constituted libel per se.

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Respondent, an untenured teacher (who had previously been involved in an altercation with another teacher, an argument with school cafeteria employees, an incident in which he swore at students, and an incident in which he made obscene gestures to girl students), conveyed through a telephone call to a radio station the substance of a memorandum relating to teacher dress and appearance that the school principal had circulated to various teachers. The radio station announced the adoption of the dress code as a news item. Thereafter, petitioner School Board, adopting a recommendation of the superintendent, advised respondent that he would not be rehired, and cited his lack of tact in handling professional matters, with specific mention of the radio station and obscene gesture incidents. Respondent then brought this action against petitioner for reinstatement and damages, claiming that petitioner's refusal to rehire him violated his rights under the First and Fourteenth Amendments.

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Minnesota allows taxpayers, in computing their state income tax, to deduct certain expenses incurred in providing for the education of their children. Minn. Stat. § 290.09, subd. 22 (1982).[1] The United States Court of Appeals for the Eighth Circuit held that the Establishment Clause of the First Amendment, as made applicable to the States by the Fourteenth Amendment, was not offended by this arrangement. Because this question was reserved in Committee for Public Education v. Nyquist, 413 U. S. 756 (1973), and because *391 of a conflict between the decision of the Court of Appeals for the Eighth Circuit and that of the Court of Appeals for the First Circuit in Rhode Island Federation of Teachers v. Norberg, 630 F. 2d 855 (CA1 1980), we granted certiorari. 459 U. S. 820 (1982). We now affirm.

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Three women's organizations sued various pro-life groups under RICO, alleging that the groups were conspiring to close abortion clinics through a pattern of racketeering activity, including extortion. The district court dismissed the case, holding that RICO could be used only against "profit-generating" enterprises. The Court of Appeals affirmed. RICO, among other things, prohibits a person from participating in a pattern of racketeering. 18 U.S.C. _ 1962(c). "Racketeering activity" is broadly defined in RICO to include extortion, bribery, fraud, and other crimes. 18 U.S.C. _ 1961(1). RICO is silent as to whether the racketeering must be motivated by profit.

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This case concerns the proper standard for issuance of a warrant authorizing the seizure of materials presumptively protected by the First Amendment. Respondents P. J. Video, Inc., and James Erhardt were charged in the village of Depew, New York, Justice Court with six counts of obscenity in the third degree under § 235.05(1) of the New York Penal Law.[1] Respondents moved to suppress five videocassette movies that had been seized from respondents' store, and that formed the basis for the obscenity charges *870 against respondents, on the ground that the warrant authorizing the seizure was issued without probable cause to believe that the movies were obscene. The Justice Court granted the motion and dismissed the informations under which respondents were charged, and both the County Court of Erie County and the New York Court of Appeals affirmed. 65 N. Y. 2d 566, 483 N. E. 2d 1120 (1985). We granted certiorari to resolve the conflict between the decision of the New York Court of Appeals in the instant case and the decisions in Sequoia Books, Inc. v. McDonald, 725 F. 2d 1091 (CA7 1984), and United States v. Pryba, 163 U. S. App. D. C. 389, 502 F. 2d 391 (1974), cert. denied, 419 U. S. 1127 (1975). 474 U. S. 918 (1985). We now reverse the judgment of the Court of Appeals.

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This case requires us to consider once again the standard of review for prison regulations claimed to inhibit the exercise of constitutional rights. Respondents, members of the Islamic *345 faith, were prisoners in New Jersey's Leesburg State Prison.[1] They challenged policies adopted by prison officials which resulted in their inability to attend Jumu'ah, a weekly Muslim congregational service regularly held in the main prison building and in a separate facility known as "the Farm." Jumu'ah is commanded by the Koran and must be held every Friday after the sun reaches its zenith and before the Asr, or afternoon prayer. See Koran 62: 9-10; Brief for Imam Jamil Abdullah Al-Amin et al. as Amici Curiae 18-31. There is no question that respondents' sincerely held religious beliefs compelled attendance at Jumu'ah. We hold that the prison regulations here challenged did not violate respondents' rights under the Free Exercise Clause of the First Amendment to the United States Constitution.

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