Today in Supreme Court History: January 9

FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (decided January 9, 1990): “adult” businesses had Free Speech right to contest zoning ordinance that allowed denial of occupancy without procedural safeguards: applying standard from Freedman v. Maryland, 1965: municipality cannot allow “unbridled discretion”, must put time limit on decision, and must allow for prompt judicial review (for judicial review of some embarrassing City Council dereliction as to an adult business, see http://www.metnews.com/articles/2005/lshs010305.htm, or 22 Cal. Rptr. 3d 805)

United States v. Chicago, N.S. & M.R. Co., 288 U.S. 1 (decided January 9, 1933): ICC can’t suddenly construe regulation as requiring trolley car company to get its permission before issuing bonds, after years of not requiring it from other companies

White v. Pauly, 580 U.S. 73 (decided January 9, 2017): officer who shot and killed man who was pointing gun at him from inside house was not acting in violation of “clearly established” law and therefore was entitled to qualified immunity (reading the opinion one sees ugly behavior on both sides, arising from a report of road rage and drunk driving)

Chao v. Mallard Bay Drilling Co., 534 U.S. 235 (decided January 9, 2002): barge in state territorial waters was subject to OSHA violation on matter not addressed by Coast Guard regulations (uninspected well leaked natural gas and spark caused explosion killing four)

Fiore v. White, 531 U.S. 225 (decided January 9, 2001): granting habeas relief where state supreme court had held that defendant’s conduct (operating unlicensed hazardous waste facility) was not within scope of charged statute but nevertheless had refused to free him and had answered Court’s certified question that its holding as to the statute was not retroactive