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1989 United States Supreme Court case From Wikipedia, the free encyclopedia
Board of Trustees of State University of New York v. Fox, 492 U.S. 469 (1989), is a United States Supreme Court case in which the Court instructed a lower court to reevaluate the compatibility of a resolution of the State University of New York that prohibited private commercial enterprises from operating in SUNY facilities with the First Amendment.[1] The Court instructed the lower court to use the standard outlined in Central Hudson Gas & Electric Corp. v. Public Service Commission (1980)[2] and determine whether the restriction on speech advanced the state's interest and, if so, whether the state's method was the least restrictive means to that end.[1] This approach ensures a balanced consideration, safeguarding the fundamental right to free speech while addressing the state's concerns in the most efficient and non-restrictive manner possible.
Board of Trustees of State University of New York v. Fox | |
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Argued February 22, 1989 Decided June 29, 1989 | |
Full case name | Board of Trustees of State University of New York v. Fox |
Citations | 492 U.S. 469 (more) 109 S. Ct. 3028; 106 L. Ed. 2d 388; 1989 U.S. LEXIS 3289 |
Argument | Oral argument |
Case history | |
Prior | Cert. to the United States Court of Appeals for the Second Circuit |
Holding | |
The Court of Appeals erred in requiring the District Court to apply a least restrictive means test to Resolution 66-156; so long as the means are narrowly tailored to achieve the desired objective, it is for governmental decisionmakers to judge what manner of regulation may be employed. | |
Court membership | |
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Case opinions | |
Majority | Scalia, joined by Rehnquist, White, Stevens, O'Connor, Kennedy |
Dissent | Blackmun, joined by Brennan, Marshall |
Laws applied | |
U.S. Const. amend. I |
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