1975 United States Supreme Court case
Bigelow v. Commonwealth of Virginia Full case name Bigelow v. Commonwealth of Virginia Citations 421 U.S. 809 (more Prior Conviction upheld by Virginia Supreme Court , 213 Va. 191, 191 S.E. 2d 173 (1972). The First Amendment prevents states from prohibiting advertisements of clearly legal products or conduct. Chief Justice Warren E. Burger Associate Justices William O. Douglas · William J. Brennan Jr. Potter Stewart · Byron White Thurgood Marshall · Harry Blackmun Lewis F. Powell Jr. · William Rehnquist Majority Blackmun, joined by Burger, Douglas, Brennan, Stewart, Marshall, Powell Dissent Rehnquist, joined by White U.S. Const., Amends. I and XIV
Bigelow v. Commonwealth of Virginia United States Supreme Court case that established First Amendment protection for advertising.[1]
Background [ edit ] Court precedents had long considered advertising mere "commercial speech ," giving it little, if any, protection under the First Amendment.[2]
In 1972, the American Civil Liberties Union filed a Supreme Court appeal on behalf of a newspaper editor in Charlottesville, Virginia who had published an advertisement for an abortion referral service in New York (where abortion was legal).[3] abortions via lectures, advertisements, or any other manner.[4] Virginia Supreme Court affirmed his conviction, rejecting his First Amendment challenge by pointing to the lowered protections on commercial advertisements.[4]
Roe v. Wade [4] Roe was decided, the justices remanded Bigelow to Virginia, but the state court reaffirmed Bigelow's conviction; Bigelow filed a new appeal to the Supreme Court.[4]
Opinion of the Court [ edit ] The decision was announced June 16, 1975.[5] William Rehnquist and Byron White cast the only votes to uphold the conviction.[6] Warren E. Burger and Justices Thurgood Marshall , Potter Stewart , William Brennan , William O. Douglas , and Lewis Powell .[7]
Justice Harry Blackmun wrote that the First Amendment "should prevent states from prohibiting advertisements of products or conduct that is clearly legal at the place advertised."[4] status as a constitutionally protected fundamental right .[8]
Subsequent developments [ edit ] Bigelow was used as precedent in a case in the 1975 term of the Court.[5] Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council [5] William Rehnquist was the only dissenter.[9]
References [ edit ] ^ Greenhouse, Linda. Becoming Justice Blackmun. Times Books. 2005. Page 119. ^ Greenhouse, Linda. Becoming Justice Blackmun. Times Books. 2005. Page 116. ^ Greenhouse, Pages 116-117 ^ a b c d e Greenhouse, Page 117 ^ a b c Greenhouse, Page 119 ^ Greenhouse, Pages 117-118 ^ Greenhouse, Page 118 ^ Bigelow , 421 U.S. at 822.^ Greenhouse, Page 120 External links [ edit ]
Public displays Statutory religious Public funding Religion in Private religious speech Internal church affairs Taxpayer standing Blue laws Other
Unprotected
Incitementsedition Libel andFighting words andheckler's veto Threats Obscenity Rosen v. United States United States v. One Book Called Ulysses Roth v. United States One, Inc. v. Olesen Smith v. California Marcus v. Search Warrant MANual Enterprises, Inc. v. Day Jacobellis v. Ohio Quantity of Books v. Kansas Ginzburg v. United States Memoirs v. Massachusetts Redrup v. New York Ginsberg v. New York Stanley v. Georgia United States v. Thirty-seven Photographs Kois v. Wisconsin Miller v. California Paris Adult Theatre I v. Slaton United States v. 12 200-ft. Reels of Film Jenkins v. Georgia Southeastern Promotions, Ltd. v. Conrad Erznoznik v. City of Jacksonville Young v. American Mini Theatres, Inc. Vance v. Universal Amusement Co., Inc. American Booksellers Ass'n, Inc. v. Hudnut People v. Freeman United States v. X-Citement Video, Inc. Reno v. ACLU United States v. Playboy Entertainment Group, Inc. City of Los Angeles v. Alameda Books, Inc. Ashcroft v. ACLU I United States v. American Library Ass'n Ashcroft v. ACLU II Nitke v. Gonzales United States v. Williams American Booksellers Foundation for Free Expression v. Strickland United States v. Kilbride United States v. Stevens Brown v. Entertainment Merchants Ass'n FCC v. Fox Television Stations, Inc. Speech integral
Strict scrutiny Vagueness Symbolic speech Content-based Content-neutral
Compelled speech Compelled subsidy
Government grants Government Loyalty oaths School speech Public employees Hatch Act andLicensing and Commercial speech Valentine v. Chrestensen Rowan v. U.S. Post Office Dept. Pittsburgh Press Co. v. Pittsburgh Comm'n on Human Relations Lehman v. Shaker Heights Goldfarb v. Virginia State Bar Bigelow v. Virginia Virginia State Pharmacy Bd. v. Virginia Citizens Consumer Council Linmark Assoc., Inc. v. Township of Willingboro Carey v. Population Services International Bates v. State Bar of Arizona In re Primus Ohralik v. Ohio State Bar Association Friedman v. Rogers Consol. Edison Co. v. Public Serv. Comm'n Central Hudson Gas & Electric Corp. v. Public Service Commission Metromedia, Inc. v. San Diego In re R.M.J. Hoffman Estates v. The Flipside, Hoffman Estates, Inc. Zauderer v. Off. of Disciplinary Counsel of Supreme Court of Ohio Pacific Gas & Electric Co. v. Public Utilities Comm'n of California Posadas de Puerto Rico Assoc. v. Tourism Co. of Puerto Rico San Francisco Arts & Athletics, Inc. v. U.S. Olympic Committee Shapero v. Kentucky Bar Association Riley v. Nat'l Fed'n of the Blind State University of New York v. Fox Peel v. Attorney Registration and Disciplinary Commission of Illinois City of Cincinnati v. Discovery Network Edenfield v. Fane United States v. Edge Broadcasting Co. Ibanez v. Florida Dept. of Business and Professional Regulation, Bd. of Accountancy Lebron v. National Railroad Passenger Corp. Rubin v. Coors Brewing Co. Florida Bar v. Went For It, Inc. 44 Liquormart, Inc. v. Rhode Island Glickman v. Wileman Brothers & Elliot, Inc. Los Angeles Police Department v. United Reporting Publishing Co. United States v. United Foods Inc. Lorillard Tobacco Co. v. Reilly Thompson v. Western States Medical Center Nike, Inc. v. Kasky Johanns v. Livestock Marketing Ass'n Tennessee Secondary School Athletic Assn. v. Brentwood Academy Milavetz, Gallop & Milavetz, P.A. v. United States Sorrell v. IMS Health Inc. Expressions Hair Design v. Schneiderman Matal v. Tam Iancu v. Brunetti Barr v. American Association of Political Consultants Campaign finance Anonymous speech State action Official retaliation Boycotts Prisons
Organizations Future Conduct Solicitation Membership restriction Primaries and elections
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