First Circuit· 8/13/2001

McGuire v. Reilly

Citations

260 F.3d 36
2001 U.S. App. LEXIS 18286
2001 WL 893363

How courts have described this case

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

Holding that “testimony taken before the state senate indicates beyond cavil that the employee exemption will promote the Act's goals because clinic employees often assist in protecting patients and ensuring their safe passage as they approach RHCFs.”
“Notwithstanding its exalted position in the pantheon of fundamental freedoms, free speech always must be balanced against the state’s responsibility to preserve and protect other important rights.”
requiring consideration of likelihood of success on the merits, irreparable harm, burdens on the movants and nonmovants, and the public interest
considering legislative history in determining whether a statute was narrowly tailored
“[A] party who mounts a facial challenge to a statute must carry a significantly heavier burden than one who seeks merely to sidetrack a particular application of the law.”
\A law is narrowly tailored if it promotes a substantial governmental interest that would be less effectively achieved without the law and does so without burdening substantially more speech than is necessary to further this goal.\

Source: CourtListener parenthetical corpus (CC0).

Judges: Selya, Coffin, Lynch

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Cited by

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

Cites

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

Other cases named McGuire v. Reilly

8 other CourtListener records share this case name.

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