Legal Opinion

Cullen v. Fliegner

Court of Appeals for the Second Circuit

Decided February 28, 1994No. 3440, Docket 93-7685PublishedCited by 98 opinions

1Opinion of the Court

ROBERT L. CARTER, District Judge:

This is a challenge to the method adopted by the Tuxedo Union Free School District to enforce New York State Education Law § 2031-a (“§ 2031-a”). Section 2031-a prohibits electioneering within 100 feet of a polling place during a school board election, and obligates the inspector of elections to place distance markers containing notice of the electioneering prohibition at a distance 100 feet from the polling place.1 In the district court, Appellee did not challenge that portion of § 2031-a establishing the 100-foot, or “campaign free,” zone. Rather, he…

2Cases cited20 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. Younger v. HarrisSupreme Court of the United States · 1971
  3. Johnson v. ZerbstSupreme Court of the United States · 1938
  4. Huffman v. Pursue, Ltd.Supreme Court of the United States · 1975
  5. Commodity Futures Trading Commission v. SchorSupreme Court of the United States · 1986

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3Cited by98 opinions

  1. Kirschner v. KlemonsCourt of Appeals for the Second Circuit · 2000
  2. 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
  3. Raja v. BurnsCourt of Appeals for the Second Circuit · 2022
  4. Andrew J. Schlagler v. Francis D. Phillips, Ii, District Attorney of Orange CountyCourt of Appeals for the Second Circuit · 1999
  5. Lisa Hill Leonard v. The Alabama State Board of PharmacyCourt of Appeals for the Eleventh Circuit · 2023

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