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Supreme Court· 5/26/1992

Burson v. Freeman

Citations

  • 504 U.S. 191
  • 112 S. Ct. 1846
  • 119 L. Ed. 2d 5
  • 1992 U.S. LEXIS 3125

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that a difference in size “is a difference only in degree, not a less restrictive alternative in kind”
  • treating election provision as content-based because “whether individuals may exercise their free speech rights ... depends entirely on whether their speech is related to a political campaign”
  • summarizing history of election reform in the United States in plurality decision rejecting a First Amendment challenge to Tennessee law prohibiting solicitation of votes and display or distribution of campaign literature within 100 feet of a polling place
  • \[T]he First Amendment's hostility to content-based regulation extends ... to a restriction on a particular viewpoint.... [Citations]\
  • “[T]he First Amendment’s hostility to content-based regulation extends not only to a restriction on a particular viewpoint, but also to a prohibition of public discussion of an entire topic.” (emphasis added
  • \The State bears the burden of justifying a restriction on speech.\

Source: CourtListener parenthetical corpus (CC0).

Judges: Blackmun, Rehnquist, White, Kennedy, Scalia, Stevens, O'Connor, Souter, Thomas

Read full opinion on CourtListener

Cited by

519 cases in this archive cite this case; the 20 most cited are listed.

Cites

53 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Burson v. Freeman

2 other CourtListener records share this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.