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48) Upon review, Chief Justice Rehnquist, writing for a plurality of the Court and joined by Justice O'Connor and Justice Kennedy, held that while nude dancing is expressive conduct within the "outer perimeters" of the First Amendment, it is "only marginally so.
meaning that whenever a law incidentally regulates expressive conduct,
117) "Because the exercise of constitutionally protected acts clearly constitutes 'good cause,'" the court held that the statute did not cover fully protected expressive conduct.
62) Expressive conduct is protected "to some extent" by the First Amendment, and is subject to reasonable time, place, or manner restrictions.
As a practical matter, after disclaiming the existence of any economic motivation on the part of the boycotters, the Court categorized the expressive conduct as political speech by allowing the boycotters the strongest First Amendment defense.
Board of Education that "a student may be disciplined for expressive conduct, even conduct occurring off school grounds, when this conduct 'would foreseeably create a risk of substantial disruption within the school environment,' at least when it was similarly foreseeable that the off-campus expression might also reach campus.
12) Once it concluded that the officer's expressive activities touched on a matter of public concern, it remanded the case for further consideration under the Pickering balancing test, directing the lower court to weigh the interests of the department in restricting the expressive conduct at issue and the officer's interests in engaging in the expressive activities.
22) He opined that because the government could permissibly criminalize homosexual sex acts, it could use expressive conduct and statements as evidence of that underlying criminal activity.
And if a subset of scientific experiments is regarded as protected expressive conduct, then prohibitions must be supported by more than mere fear of social disruption, and regulations must be narrowly tailored to accomplish legitimate state purposes, such as protection against concrete harms to the environment or identifiable persons.
Eichman, that struck down the state and federal flag protection statutes as applied in the context punishing expressive conduct.
Part I summarizes generally why the Court's expressive conduct doctrine, aided by Lawrence, should permit future litigants to make expressive conduct and association claims for sex.
This Comment concentrates on her second rationale for invalidating the ordinance, challenging the conclusion that games are a type of expressive conduct that gives rise to the right of assembly.