Today in Supreme Court History: February 24

Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (decided February 24, 1969): being in school does not suspend student’s First Amendment rights (students were told to remove black armbands protesting Vietnam War); that year I was the only student in my conservative public school displaying a peace symbol (I drew it in big markers on my loose-leaf) so this decision meant a lot to me

Hustler Magazine v. Falwell, 485 U.S. 46 (decided February 24, 1988): First Amendment prohibits Jerry Falwell as a “public figure” from bringing intentional infliction of emotional distress claim against Hustler for “parody” of his life, absent “actual malice” (knowledge of falsity, which you can never prove if it’s a parody) (this case was later grossly misrepresented in the movie “People v. Larry Flynt”; at the time it provoked criticism even from noted feminists, who realized that they could be next; Hustler was a disgusting, vile magazine, and its “parody” of Falwell, besides not being funny, was disgusting, vile, and juvenile)

Unicolors, Inc. v. H & M Hennes & Mauritz, LP, 595 U.S. 178 (decided February 24, 2022): procedural mistake doesn’t invalidate copyright (plaintiff, designer of fabric, had submitted one application covering 31 designs when it should have submitted 31); conduct fell within Copyright Act’s safe-harbor provision, 17 U.S.C. §411(b)(1)(A); restores verdict in infringement suit

United States v. Hayes, 555 U.S. 415 (decided February 24, 2004): 1996 Gun Control Act prohibited possession by those convicted of misdemeanor domestic violence; applies here to man who committed battery on his then-wife even though charge for which he pleaded guilty was generic battery

Doe v. Chao, 540 U.S. 614 (decided February 24, 2004): can’t get award in Privacy Act suit if no showing of actual damages (vacating award of $1,000 to plaintiff whose Social Security Number supplied when applying for Black Lung benefits was then printed by Department of Labor in group public hearing notice)