128 S.Ct. 2759 (2008) Jack DAVIS, Appellant, v. FEDERAL ELECTION COMMISSION. No. 07-320. Supreme Court of United States. Argued April 22, 2008. Decided June 26, 2008. *2765 Andrew D. Herman, for Appellant. Paul D. Clement, for Appellee. Thomasenia P. Duncan, David Kolker, Associate General Counsel, Kevin Deeley, Assistant General Counsel, Holly J. Baker, Claire N. Rajan, Washington, D.C., Paul D. Clement, Gregory G. Garre, Deputy Solicitor General, Malcolm L. Stewart, Assistant to the Solicitor General, Washington, D.C., for Appellee. Andrew D. Herman, Stanley M. Brand, Brand Law Group, PC, Washington, D.C., Elizabeth F. Getman, Sandler, Reiff & Young, P.C., Washington, […]

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When law schools began restricting the access of military recruiters to their students because of disagreement with the Government's policy on homosexuals in the military, Congress responded by enacting the Solomon Amendment. See 10 U. S. C. § 983 (2000 ed. and Supp. IV). That provision specifies that if any part of an institution of higher education denies military recruiters access equal to that provided other recruiters, the entire institution would lose certain federal funds. The law schools responded by suing, alleging that the Solomon Amendment infringed their First Amendment freedoms of speech and association. The District Court disagreed but was reversed by a divided panel of the Court of Appeals for the Third Circuit, which ordered the District Court to enter a preliminary injunction against enforcement of the Solomon Amendment. We granted certiorari.

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127 S.Ct. 2652 (2007) FEDERAL ELECTION COMMISSION, Appellant, v. WISCONSIN RIGHT TO LIFE, INC. Senator John McCain, et al., Appellants, v. Wisconsin Right to Life, Inc.     Nos. 06-969, 06-970. Supreme Court of United States.    Argued April 25, 2007. Decided June 25, 2007.*2658 Paul D. Clement, Solicitor General, Washington, DC, for appellant in No. 06-969.Seth P. Waxman, for appellants in No. 06-970. James Bopp, Jr., Terre Haute, IN, for appellee. Paul D. Clement, Solicitor General, Counsel of Record, Department of Justice, Washington, D.C., for appellant. M. Miller Baker, Michael S. Nadel, McDermott Will & Emery LLP, Washington, DC, […]

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In 1996, Congress passed the Child Pornography Prevention Act of 1996 (CPPA) to deal with computer technology used to produce images looking like real children. The law included in its definition of child pornography sexually explicit material that (1) depicts persons who "appear to be minors;" and (2) is advertised as conveying the impression that the person depicted is a minor. On January 27, 1997, the Free Speech Coalition, an adult trade association, and others filed a federal lawsuit challenging the constitutionality of the CPPA. The complaint alleged that the "appears to be a minor" and "conveys the impression" clauses of the CPPA violate the First Amendment and are unconstitutionally vague. Later that year, a federal district court issued an order upholding the constitutionality of the CPPA and granting summary judgment to the government. The district judge ruled that the CPPA is a content-neutral law aimed at the harmful secondary effects associated with virtual child pornography. In December 1999, a three-judge panel of the 9th Circuit ruled 2-1 in favor of Free Speech Coalition. The panel majority determined that the two challenged provisions violate the First Amendment, writing: "censorship through the enactment of criminal laws intended to control an evil idea cannot satisfy the constitutional requirements of the First Amendment."

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Overruled

540 U.S. 93 (2003) McCONNELL, UNITED STATES SENATOR, ET AL. v. FEDERAL ELECTION COMMISSION ET AL.   No. 02-1674. Supreme Court of United States.   Argued September 8, 2003. Decided December 10, 2003[*] APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA*94 *95 *96 *97 *98 *99 *100 *101 *102 *103 *104 *105 *106 *107 *108 *109 *110 STEVENS and O’CONNOR, JJ., delivered the opinion of the Court with respect to BCRA Titles I and II, in which SOUTER, GINSBURG, and BREYER, JJ., joined. REHNQUIST, C.J., delivered the opinion of the Court with respect to BCRA Titles […]

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Section 2252A(a)(3)(B) of Title 18, United States Code, criminalizes, in certain specified circumstances, the pandering or solicitation of child pornography. This case presents the question whether that statute is overbroad under the First Amendment or impermissibly vague under the Due Process Clause of the Fifth Amendment.

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546 U.S. 410 (2006) WISCONSIN RIGHT TO LIFE, INC. v. FEDERAL ELECTION COMMISSION.   No. 04-1581. Supreme Court of United States.   Argued January 17, 2006. Decided January 23, 2006.James Bopp, Jr., argued the cause for appellant. With him on the briefs were Richard E. Coleson and M. Miller Baker. Solicitor General Clement argued the cause for appellee. With him on the brief were Deputy Solicitor General Garre, Malcolm L. Stewart, Lawrence H. Norton, Richard B. Bader, David Kolker, and Harry J. Summers.[*] *411 PER CURIAM. The Bipartisan Campaign Reform Act of 2002 (BCRA), § 203, as amended, 116 Stat. […]

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