Legal Opinion
Distribution Systems of America, Inc. v. Village of Old Westbury
District Court, E.D. New York
Decided February 28, 1992No. CV 91-5060 (ADS)PublishedCited by 18 opinions
1Opinion of the Court
OPINION AND ORDER
SPATT, District Judge.
Much has been made of our Constitution’s “most majestic guarantee” 1 — the freedom of speech. No doubt one of the more familiar theories of free speech is the often-quoted passage of Justice Holmes that “the best test of truth is the power of the thought to get itself accepted in the competition of the market” (Abrams v. United States, 250 U.S. 616, 630, 40 S.Ct. 17, 22, 63 L.Ed. 1173 [1919] [Holmes, J., joined by Brandéis, J., dissenting]).
It is the very “marketplace of ideas” theory that provides the foundation for the controversy now before the Court,…
2Cases cited34 opinions
- Elrod v. BurnsSupreme Court of the United States · 1976
- Grayned v. City of RockfordSupreme Court of the United States · 1972
- Grayned v. City of RockfordSupreme Court of the United States · 1972
- Cantwell v. ConnecticutSupreme Court of the United States · 1940
- Perry Education Ass'n v. Perry Local Educators' Ass'nSupreme Court of the United States · 1983
29 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Miller v. City of LaramieWyoming Supreme Court · 1994
- Ali v. SzaboDistrict Court, S.D. New York · 2000
- Gasparo v. City of New YorkDistrict Court, E.D. New York · 1998
- Fellerman & Cohen Realty Corp. v. Clinical Plus Inc. (In Re Hirschhorn)United States Bankruptcy Court, E.D. New York · 1993
- Distribution Systems of America, Inc. v. Village of Old WestburyDistrict Court, E.D. New York · 1994
13 more not listed; retrieve them via the Exa API.