Volume 497 — United States Reports

Milkovich v. Lorain Journal Co., 497 U.S. 1 (1990), was a United States Supreme Court case that rejected the argument that a separate opinion privilege existed against libel. It was seen by legal commentators as the end of an era that began with New York Times Co. v. Sullivan and continued with Gertz v. Robert Welch, Inc., in which the court clarified and greatly expanded the range and scope of what could be said in the press without fear of litigation.

Respondent was convicted in a Texas state court of aggravated sexual abuse and sentenced to life imprisonment and a $10,000 fine. Held: Although the rule of Teague v. Lane, 489 U.S. 288, 109 S.Ct. 1060, 103 L.Ed.2d 334—which prohibits the retroactive application of new rules to cases on collateral review—is grounded in important considerations of federal-state relations, it is not jurisdictional in the sense that this Court, despite a limited grant of certiorari,…

Rutan v. Republican Party of Illinois, 497 U.S. 62 (1990), was a United States Supreme Court decision that held that the First Amendment forbids a government entity from basing its decision to promote, transfer, recall, or hire low-level public employees based upon their party affiliation.

The Interstate Commerce Act (Act) requires motor common carriers to publish their rates in tariffs filed with the Interstate Commerce Commission (ICC), 49 U.S.C. § 10762, and prohibits both carriers… Held: The ICC's Negotiated Rates policy is inconsistent with the Act and is therefore invalid. Pp. 126-136.

As a nonprofit">nonprofit corporation that owns and operates a private social club, petitioner's income derived from membership fees and other receipts from members is exempt from income tax. Held: Petitioner may use losses incurred in sales to nonmembers to offset investment income only if those sales were motivated by an intent to profit, which is to be determined by using the same allocation method as petitioner used to compute its actual profit or loss. Pp. 160-171.

Illinois v. Rodriguez, 497 U.S. 177 (1990), is a U.S. Supreme Court case dealing with the issue of whether a warrantless search conducted pursuant to third party consent violates the Fourth Amendment when the third party does not actually possess common authority over the premises.

The respondent—an investor-owned public utility operating in the petitioner States—and other utilities and natural gas purchasers filed suit in the District Court against a pipeline company and five… Held: When suppliers violate antitrust laws by overcharging a public utility for natural gas, and the utility passes on the overcharge to its customers, only the utility has a cause of action under § 4 because it alone has suffered antitrust injury. Pp. 206-219. 1.

Petitioner Sawyer's conviction and death sentence for a brutal murder became final in 1984. Held: Petitioner is not entitled to federal habeas relief, because Caldwell announced a new rule, as defined by Teague, that does not come within either of the Teague exceptions. Pp. 233-245. (a) Caldwell's result was not dictated by Eighth Amendment precedent existing at the time petitioner's conviction became final.

Cruzan v. Director, Missouri Department of Health, 497 U.S. 261 (1990), is a landmark decision of the Supreme Court of the United States involving a young adult incompetent. The first "right to die" case ever heard by the Court, Cruzan was argued on December 6, 1989, and decided on June 25, 1990. In a 5–4 decision, the Court affirmed the earlier ruling of the Supreme Court of Missouri and ruled in favor of the State of Missouri, finding it was acceptable to require "clear and convincing evidence" of a patient's wishes for removal of life support. A significant outcome of the case was the creation of advance health directives.

A fire erupted in the washer/dryer area of petitioner Sisson's pleasure yacht while it was docked at a Lake Michigan marina, destroying the yacht and damaging several neighboring vessels… Held: The District Court has jurisdiction over Sisson's limitation claim pursuant to § 1333(1). Maritime jurisdiction is appropriate when a potential hazard to maritime commerce arises out of an activity that bears a substantial relationship to traditional maritime activity. Foremost Ins.

Georgia v. South Carolina, 497 U.S. 376 (1990), is one of a long series of U.S. Supreme Court cases determining the borders of the state of Georgia. In this case, the Court decided the exact border within the Savannah River and whether islands should be a part of Georgia or South Carolina. It also decided the seaward border.

Hodgson v. Minnesota, 497 U.S. 417 (1990), was a United States Supreme Court abortion rights case that dealt with whether a state law may require notification of both parents before a minor can obtain an abortion. The law in question provided a judicial alternative.

As enacted, Ohio's Amended Substitute House Bill 319 (H.B. 319) makes it a crime for a physician or other person to perform an abortion on an unmarried, unemancipated, minor woman, unless, inter… Held: The judgment is reversed. 854 F.2d 852 (CA6 1988), reversed.

Metro Broadcasting, Inc. v. FCC, 497 U.S. 547 (1990), was a case decided by the Supreme Court of the United States that held that intermediate scrutiny should be applied to equal protection challenges to federal statutes using benign racial classifications for a non-remedial purpose. The Court distinguished the previous year's decision City of Richmond v. J.A. Croson Co., by noting that it applied only to actions by state and local governments. Metro Broadcasting was overruled by Adarand Constructors, Inc. v. Peña, which held that strict scrutiny should be applied to federal laws that use benign racial classifications. This opinion was the last authored by William J. Brennan Jr., the longtime leader of the Court's liberal wing.

Walton v. Arizona, 497 U.S. 639 (1990), was a United States Supreme Court case that upheld two important aspects of the capital sentencing scheme in Arizona—judicial sentencing and the aggravating factor "especially heinous, cruel, or depraved"—as not unconstitutionally vague. The Court overruled the first of these holdings in Ring v. Arizona, 536 U.S. 584 (2002). The second of the holdings was not overturned.

Respondents, members of a political advocacy group, set up a table on a sidewalk near the entrance to a United States Post Office to solicit contributions, sell books and subscriptions to the… Held: The judgment is reversed. 866 F.2d 699, (CA4 1989) reversed. Justice O'CONNOR, joined by THE CHIEF JUSTICE, Justice WHITE, and Justice SCALIA, concluded that the regulation, as applied, does not violate the First Amendment.

Held: however, that "[w]hile Chaney establishes that the Arizona statute is not void on its face and is capable of constitutional application, it naturally does not answer the question whether the Arizona statute was constitutionally applied to Jeffers in this case." 832 F. 2d, at 482 .

Respondent Wright was charged under Idaho law with two counts of lewd conduct with a minor, specifically her 51/2- and 21/2-year-old daughters. Held: The admission of the child's hearsay statements violated Wright's Confrontation Clause rights. Pp. 813-827.

Maryland v. Craig, 497 U.S. 836 (1990), is a U.S. Supreme Court case involving the Sixth Amendment. The Court held that the Sixth Amendment's Confrontation Clause, which provides criminal defendants with the right to confront witnesses against them, did not bar the use of one-way closed-circuit television to present testimony by an alleged child sex abuse victim.

Held: to enable respondent to challenge the entirety of petitioners’ so-called “land withdrawal review program.” That is not an “agency action” within the meaning of §702, much less a “final agency action” within the meaning of §704.