City News & Novelty, Inc. v. Waukesha, 531 U.S. 278, 3 (2001)

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280

CITY NEWS & NOVELTY, INC. v. WAUKESHA

Opinion of the Court

the courts have divided or on which certiorari was granted here. Pp. 285-286.

Certiorari dismissed. Reported below: 231 Wis. 2d 93, 604 N. W. 2d 870.

Ginsburg, J., delivered the opinion for a unanimous Court.

Jeff Scott Olson argued the cause for petitioner. With him on the briefs were Richard L. Wilson, John H. Weston, G. Randall Garrou, and Cathy E. Crosson.

Curt R. Meitz argued the cause for respondent. With him on the brief were Vincent D. Moschella and Thomas C. Goldstein.

James A. Feldman argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Solicitor General Waxman, Assistant Attorney General Ogden, Deputy Solicitor General Kneedler, Lisa Schiavo Blatt, Michael Jay Singer, and Howard S. Scher.*

Justice Ginsburg delivered the opinion of the Court.

In Freedman v. Maryland, 380 U. S. 51 (1965), a case involving a state motion-picture censorship scheme, the Court announced procedural requirements necessary to guard against unconstitutional prior restraint of expression.

*Briefs of amici curiae urging reversal were filed for the American Booksellers Foundation for Free Expression et al. by Michael A. Bamberger; for the American Charities for Reasonable Fund Raising Regulation, Inc., by Edward N. Mazlish; and for the Liberty Project by Jodie L. Kelley.

Briefs of amici curiae urging affirmance were filed for the State of Alabama et al. by James E. Doyle, Attorney General of Wisconsin, Thomas J. Balistreri, Assistant Attorney General, Bill Pryor, Attorney General of Alabama, Ken Salazar, Attorney General of Colorado, and Don Stenberg, Attorney General of Nebraska; for the Community Defense Counsel by Len L. Munsil and Scott D. Bergthold; for Morality in Media, Inc., et al. by Robin S. Whitehead and Bruce A. Taylor; and for the National League of Cities et al. by Richard Ruda and Charles A. Rothfeld.

Gary S. Edinger filed a brief for the Florida Cannabis Action Network, Inc., as amicus curiae.

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