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· 9/27/2023

Martinez Gonzalez, Hector F v. Visconti Smith, Claudia N

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).

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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.