Legal Opinion
Fitts v. Kolb
District Court, D. South Carolina
Decided November 20, 1991No. Civ. A. 3:90-2119-17PublishedCited by 14 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
JOSEPH F. ANDERSON, Jr., District Judge.
This is an action seeking a declaration that the South Carolina criminal libel statute 1 violates the First and Fourteenth Amendments to the United States Constitution. Plaintiffs challenge both the facial validity of the statute and its application to activities related to public expression in South Carolina. The case pits a state law, which has been in place since 1912, against the First Amendment to the United States Constitution, adopted by the states 200 years ago. The court concludes that the statute, as presently…
2Cases cited47 opinions
- New York Times Co. v. SullivanSupreme Court of the United States · 1964
- Broadrick v. OklahomaSupreme Court of the United States · 1973
- Hunt v. Washington State Apple Advertising CommissionSupreme Court of the United States · 1977
- Railroad Comm'n of Tex. v. Pullman Co.Supreme Court of the United States · 1941
- Sierra Club v. MortonSupreme Court of the United States · 1972
42 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Fred W. Phelps, Sr. And Edward F. Engel v. Joan Hamilton, in Her Official Capacity as District AttorneyCourt of Appeals for the Tenth Circuit · 1995
- Summit Bank v. RogersCalifornia Court of Appeal · 2012
- I.M.L. v. StateUtah Supreme Court · 2002
- Ivey v. StateSupreme Court of Alabama · 2001
- Fluent v. Salamanca Indian Lease AuthorityDistrict Court, W.D. New York · 1994
9 more not listed; retrieve them via the Exa API.