U.S. v. American Library Association Precedents:
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Miller v. California (1973): The Court established a test for obscenity
as: whether the average person applying contemporary community standards
would find that the material taken as a whole appeals to prurient interest;
whether the work depicts or describes in a patently offensive way sexual
conduct specifically defined by the applicable state or federal law to be
obscene and whether the work taken as a whole lacks serious literary
artistic political or scientific value.
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South Dakota v. Dole (1987): The Court ruled that Congress has wide
latitude to attach conditions to the receipt of federal assistance to
further its policy objectives but may not induce the recipient to engage in
activities that would themselves be unconstitutional.
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Rust v. Sullivan (1991): When the Government appropriates public funds
to establish a program it is entitled to broadly define that program's
limits.
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NEA v. Finley (1998): The Court upheld an art funding program that
required the N.E.A. to use content-based criteria in making funding
decisions.
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Legal Services Corporation v. Velazquez (2001): The Court held that when
the Government seeks to use an existing medium of expression and to control
it in a class of cases in ways which distort its usual functioning the
distorting restriction must be struck down under the First Amendment.
- Ashcroft v. Free Speech Coalition (2002): The Supreme Court
decided that the Government may not suppress lawful speech as the means to
suppress unlawful speech.