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Majority Opinion
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Marshall, J. (Brennan, J., did not participate) |
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Concurring Opinion
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Rehnquist, J. (joined by O'Connor, J.), & Stevens, J. |
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Lower Court
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United States District Court, District of Columbia |
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Lower Court Ruling
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First Amendment claim sustained |
| Lawyers |
David A. Strauss (for Appellant)
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Jerold S. Solovy (for Appellee)
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| Briefs |
Michael L. Burack, Charles S. Sims & Janet Benshoof (for ACLU)
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Robert D. Joffe, Eve W. Paul & Dara Klassel (for Planned Parenthood Foundation)
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| Other |
Brody, Steven G. & Johnson, Bruce E. H., ADVERTISING AND COMMERCIAL SPEECH: A FIRST AMENDMENT GUIDE (2ND ED., 2006), sect.4.4
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Chemerinsky, Erwin, & Fisk, Catherine, "What is Commercial Speech? The Issue Not Decided in Nike v. Kasky," 54 Case Western Reserve Law Review 1143 (2004)
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Collins, Ronald & Skover, David, "Foreword: The Landmark Free-Speech Case That Wasn't: The Nike v. Kasky Story," 54 Case Western Reserve Law Review 965 (2004)
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Collins, Ronald, & Skover, David, THE DEATH OF DISCOURSE (1996), pp. 69-135
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Gartner, Michael G., ADVERTISING & THE FIRST AMENDMENT (Priority Press, 1989), pp. 19-26
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Johnson, Bruce, & Fisher, Jeffrey, "Why Format, Not Content, is the Key to Identifying Commercial Speech," 54 Case Western Reserve Law Review 1243 (2004)
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Kozinski, Alex, & Banner, Stuart, "The Anti-History & Pre-History of Commercial Speech," 71 Texas Law Review 747 (1993)
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Lin, Laura, "Corporate Image Advertising & the First Amendment," 61 Southern California Law Review 459 (1988)
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Shiffrin, Steven, "The First Amendment & Economic Regulation," 78 Northwestern University Law Review 1212 (1983)
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Vladeck, David, "Lessons from a Story Untold: Nike v. Kasky Reconsidered," 54 Case Western Reserve Law Review 1049, 1080-1085 (2004)
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Weinstein, James, "Speech Categorization & the Limits of First Amendment Formalism: Lessons from Nike v. Kasky," 54 Case Western Reserve Law Review 1091 (2004)
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