Legal Opinion
Levinsky's, Inc. v. Wal-Mart Stores, Inc.
Court of Appeals for the First Circuit
Decided September 29, 1997No. 97-1329PublishedCited by 131 opinions
1Opinion of the Court
SELYA, Circuit Judge.
Our enduring national devotion to freedom of expression, embodied in the First Amendment and renewed in New York Times Co. v. Sullivan, 376 U.S. 254, 84 S.Ct. 710, 11 L.Ed.2d 686 (1964), inevitably means that much offensive and inaccurate speech will remain free from legal constraints. Still, there are boundaries past which speakers cannot trespass. This case illustrates how difficult it is to trace those boundaries with the precision that the law demands.
I. STORE WARS
The events that gave rise to this litigation are controversial but, for the most part, not controverted.…
2Cases cited49 opinions
- New York Times Co. v. SullivanSupreme Court of the United States · 1964
- Connick Ex Rel. Parish of Orleans v. MyersSupreme Court of the United States · 1983
- Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
- Bose Corp. v. Consumers Union of United States, Inc.Supreme Court of the United States · 1984
- Rankin v. McPhersonSupreme Court of the United States · 1987
44 more not listed; retrieve them via the Exa API.
3Cited by131 opinions
- Evel Knievel Krystal Knievel v. Espn, a Subsidiary of Walt Disney, Inc.Court of Appeals for the Ninth Circuit · 2005
- Neal Horsley v. Gloria FeldtCourt of Appeals for the Eleventh Circuit · 2002
- Rodi v. Southern New England School of LawCourt of Appeals for the First Circuit · 2004
- Mink v. KnoxCourt of Appeals for the Tenth Circuit · 2010
- Surprenant v. RivasCourt of Appeals for the First Circuit · 2005
126 more not listed; retrieve them via the Exa API.