Legal Opinion
Barbulean v. City of Newburgh
New York Supreme Court
Decided August 21, 1995PublishedCited by 2 opinions
1Opinion of the Court
*730OPINION OF THE COURT
John P. DiBlasi, J.
In People ex rel. Arcara v Cloud Books (68 NY2d 553, 557 [1986]), the Court of Appeals stated that "New York has a long history and tradition of fostering freedom of expression, often tolerating and supporting works which in other States would be found offensive to the community”. Having in mind the greater protection afforded our citizens in the exercise of their right to free expression, this court must determine whether a municipal zoning ordinance, which appears "content neutral”, is nevertheless facially unconstitutional due to the lack of…
2Cases cited54 opinions
- Grayned v. City of RockfordSupreme Court of the United States · 1972
- Connally v. General Construction Co.Supreme Court of the United States · 1926
- National Ass'n for the Advancement of Colored People v. ButtonSupreme Court of the United States · 1963
- Village of Euclid v. Ambler Realty Co.Supreme Court of the United States · 1926
- Miller v. CaliforniaSupreme Court of the United States · 1973
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3Cited by2 opinions
- Uhlfelder v. WeinshallAppellate Division of the Supreme Court of the State of New York · 2007
- 801 Conklin Street Ltd. v. Town of Babylon Ex Rel. Town BoardDistrict Court, E.D. New York · 1999