The California law, which imposed a fine of up to $1,000 for selling or renting “violent video games” to minors and requiring their packaging to be labeled that way, was struck down as a violation of the First Amendment, although it argued that this form of speech was no longer considered in the context of selling those games to minors. An Iowa law that imposes a business tax on companies discriminates against foreign trade in violation of the trade clause by allowing companies to deduct dividends from domestic but non-foreign subsidiaries. Louisiana`s Subversive Activities and Communist Control Act is unconstitutional because it violates the First Amendment and because there is no due process. An Ohio law that provides a tax credit for ethanol fuel if the ethanol was produced in Ohio, or if it is produced in another state that provides a similar credit for ethanol fuel produced in Ohio, discriminates against interstate commerce in violation of the trade clause. An Illinois law that provides for a 90-day suspension of a trucking company if 10 or more violations of regulations requiring a balanced allocation of cargo loads with respect to truck axles cannot be applied to an interstate trucking company that holds a certificate of equity and needs issued by the Interstate Commerce Commission under the Federal Motor Carrier Act. A State shall not suspend the carrier`s rights to use State roads in its intergovernmental operations. Illinois law, as applied to such carrier, also violates the commercial clause. A decision of the district court declaring unconstitutional and statutory Louisiana provisions limiting the right to vote in general elections to authorize bonds is summarily upheld. Three conditions Colorado has imposed on the petitions process for election initiatives — that petition distributors be registered voters, carry identification cards, and that supporters of the initiative report the names and addresses of the distributors and the amounts paid to each — unduly restrict political speech and violate the First and Fourteenth Amendments. A New York law requiring homeowners to allow cable television to be installed on their property and limiting fees deemed reasonable by a commission (which set a one-time fee of $1) constituted a property withdrawal that violated the Fifth and Fourteenth Amendments. Virginia`s constitutional provisions that make the payment of voting taxes a qualification for voting violate the equality clause. Alabama`s constitutional and legal provisions, which do not distribute seats in both houses of the legislature on the basis of population, violated the equality clause. Notwithstanding the provisions of Texas law that Texas extended its boundary to a line in the Gulf of Mexico to 24 nautical miles beyond the three-mile limit and claimed ownership of the bed in that area and to the outer limit of the continental shelf, the United States is entitled to an executive order that maintains its primary rights to dominate the natural resources of the region.
beyond the low-water mark on the Texas coast and outside inland waters. Any claims Texas might have made to the marginal belt when it existed as an independent republic were abandoned with its admission to the Union on an equal footing with other states. Nevada`s sovereign immunity law, as interpreted by the Nevada Supreme Court, embodies a policy of hostility toward its sister state in violation of the full faith and credit clause and cannot be reconciled with the principle of constitutional equality between states by not granting a California state agency the same limited immunity accorded to Nevada state authorities. A Texas law that withholds state funds from local school districts for the education of children who have not been legally admitted to the United States and allows authorities to deny enrollment to those children denies the same protections of the laws. Ohio`s ad valorem tax, which was levied on foreign corporate claims from the sale of state-made products but exempted the claims of residents and domestic businesses, deprived foreign corporations of equal protection of laws, in violation of the Fourteenth Amendment. The tax was not protected against disability by the “reciprocity” provision of the Act, since the plan did not protect the non-resident or foreign entity from discrimination by credit or otherwise. A provision in the California Welfare and Institutions Act that limits new residents to the level of welfare benefits they would have received in the state of their previous residence during the first year they live in California restricts the right to travel in violation of the Fourteenth Amendment. South Carolina`s constitutional and legal provisions requiring the segregation of white and black students in public schools violate the Fourteenth Amendment. A district court decision declaring New York`s laws on the geographical distribution of signatures on candidates` petitions unconstitutional and discriminating against the ability of independent candidates to obtain signatures in a manner that is absent from major party candidates is summarily upheld. A New York transfer tax on securities transactions structured so that transactions involving an out-of-state sale are taxed more heavily than most transactions involving an in-state sale discriminates against interstate commerce in violation of the commercial clause.
A Colorado rule of evidence that prohibits jurors from testifying on an issue or testimony that arises during jury deliberations in a trial to investigate the validity of the verdict must yield in the face of a challenge that a jury relied on racial stereotyping or hostility to convict a criminal defendant in violation of the Sixth Amendment right to a jury trial. California`s Foreign Land Act, which prohibits aliens who are not eligible for U.S. citizenship from acquiring, owning, occupying, renting, or transferring farmland, and provides for the deposit of property acquired in violation of laws, cannot be constitutionally applied to make a farmland deposit. acquired in the name of a minor U.S. citizen with funds contributed by his father. a Japanese foreigner who is not eligible for naturalization. The Statute deprived the son of equal protection of the laws and his privileges as a U.S. citizen, in violation of the Fourteenth Amendment.
The legal imposition of the death penalty on criminal convictions cannot be carried out at the discretion of the jury or trial judge. Georgian law is unconstitutional, according to two judges, because the death penalty itself is cruel and unusual punishment that violates the Eighth and Fourteenth Amendments, while, according to three judges, the law is unconstitutional because convicted defendants are sentenced to die in violation of the Eighth and Fourteenth Amendments.