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The Supreme Court has largely interpreted the Petition Clause as coextensive with the Free Speech Clause of the First Amendment, but in its 2010 decision in Borough of Duryea v. Guarnieri (2010) it acknowledged that there may be differences between the two: This case arises under the Petition Clause, not the Speech Clause.
The Court wrote that "the substantial government interests that justify a cautious and restrained approach to protecting public employees' speech are just as relevant in Petition Clause cases". [3] The Court noted that holding a different standard for the Petition Clause could result in a loophole, as "petitions are a form of expression, and ...
The issue before the Court was whether the right to petition the government granted absolute immunity from liability. The Court decided 8–0 (Justice Powell took no part in the case) that the right to petition was subject to the same legal limitations that the rights to speech and the press are as previously decided in New York Times Co. v. Sullivan (1964).
Pruneyard Shopping Center v. Robins, 447 U.S. 74 (1980), was a U.S. Supreme Court decision issued on June 9, 1980 which affirmed the decision of the California Supreme Court in a case that arose out of a free speech dispute between the Pruneyard Shopping Center in Campbell, California, and several local high school students (who wished to canvass signatures for a petition against United ...
The Oxford Companion to the Supreme Court of the United States. Kermit L. Hall, ed. The Oxford Guide to United States Supreme Court Decisions. Kermit L. Hall, ed. Alley, Robert S. (1999). The Constitution & Religion: Leading Supreme Court Cases on Church and State. Amherst, NY: Prometheus Books. ISBN 1-57392-703-1
The Court went on to say that, like other First Amendment rights, the right to petition is not absolute. In Noerr, the Court had said in passing that this right would not protect companies when the lobbying actions were "a mere sham" to conceal activities intended to directly interfere with competitors. Douglas went on to distinguish between ...
List of United States Supreme Court cases, volume 432; List of United States Supreme Court cases; List of United States Supreme Court cases by the Burger Court; List of United States Supreme Court cases involving the First Amendment; Beauharnais v. Illinois, 343 U.S. 250 (1952) Brandenburg v. Ohio, 395 U.S. 444 (1969) R.A.V. v. City of St. Paul ...
Masterpiece Cakeshop v. Colorado Civil Rights Commission, 584 U.S. 617 (2018), was a case in the Supreme Court of the United States that addressed whether owners of public accommodations can refuse certain services based on the First Amendment claims of free speech and free exercise of religion, and therefore be granted an exemption from laws ensuring non-discrimination in public ...