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Federal Courts -
U. S. Supreme Court - June 30 - July 2, 1982
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Loretto v. Teleprompter Manhattan Catv Corp., No. 81-244,
SUPREME COURT OF THE UNITED STATES, June 30, 1982, Decided
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Overview: Appellant purchased an apartment building in which the prior owner had allowed appellee cable company to install a cable on the building and to furnish cable television services to the tenants. Appellant filed a class action alleging that the installation was a trespass and a taking without just compensation. Reversing the state court, the Court held that the physical occupation of an owner's property authorized by the government was a "taking" of property. N.Y. Exec. Law ? 828(1) (Supp. 1981-1982) provided that a landlord must permit a cable television company to install its cable facilities upon the landlord's property. The Court explained that to the extent the government permanently occupied physical property, it effectively destroyed the right of the owner to exclude or control that portion of her property. The Court noted that Constitutional history confirmed that this was a taking and recent cases did not question the rule. In addition, the purposes of the Takings Clause compelled retention. The Court concluded that the amount of compensation was a matter for the state court to determine on remand.
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Miss. Univ. for Women v. Hogan, No. 81-406,
SUPREME COURT OF THE UNITED STATES, July 1, 1982, Decided
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Overview: A male student sought to enroll in a state women's university because a baccalaureate degree in nursing would enable him to earn more and to obtain specialized training. No similar school was located within a reasonable distance. The university allowed male students to attend only on an auditing basis. The university argued that it should be allowed to continue prohibiting male students from enrolling for credit because the university had traditionally served only women and because the prohibition compensated for past discrimination against women. The Court found that the prohibition violated the equal protection clause because it was not substantially related to an important governmental objective. The Court noted that no evidence of past discrimination in this area had been put forth. The Court further found that ? 901(a)(5) of Title IX of the Education Amendments of 1972, codified at 20 U.S.C.S. ? 1681(a), did not exempt the university from any constitutional obligations, and instead, at most, exempted the university from the requirements of Title IX itself.
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New York v. Ferber, No. 81-55,
SUPREME COURT OF THE UNITED STATES, July 2, 1982, Decided
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Overview: Respondent, the proprietor of a bookstore, sold two films to an undercover police officer depicting young boys masturbating. He was found guilty on two counts of violating N.Y. Penal Law ? 263.15, a law that did not require proof that the films were obscene. The appellate court held that ? 263.15 violated the First Amendment. On appeal, the United States Supreme Court reversed. It held that ? 263.15 did not fail under First Amendment scrutiny. There was nothing constitutionally "under inclusive" about a statute that singled out this category of material for proscription. The First Amendment, the Court held, did not bar the state from prohibiting the distribution of unprotected material produced outside the state. Respondent argued that ? 263.15 was "overbroad," as an impermissible application because it included medical books and educational sources. The Court held such applications were no more than a tiny fraction of the materials that were within the statute's reach, and whatever overbreadth might have existed was curable through case-by-case analysis of the fact situations.
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