Arcara, which it called "the applicable state standard" for determining whether "the [t]own went too far and enacted an ordinance that had an impermissible incidental effect abridging free expression." (96) The court began its analysis by recognizing "content-neutral" restrictions like those in Arcara and Caviglia as "those justified without reference to the content of the regulated speech and relating only to the time, place, and manner of expression." (97) The court made no distinction between "incidental burdens" "content-neutral" cases, such as Arcara, and "secondary effects" "facially
content-based" cases, such as Caviglia or City of Renton.
These cases contend the deduction is facially
unconstitutional and violates the Commerce Clause.
Furthermore, Greenberg wrote, the Court "has indicated that an employer cannot avoid responsibility for a facially
discriminatory benefit plan simply because the discrimination arises from the criteria imposed by outside entities with whom the employer has contracted to participate in providing the benefit."
Scopes III--the Louisiana creationism case of 1987--went all the way to the Supreme Court, where the justices voted seven to two that the act requiring public school teachers to teach "creation-science" is "facially
invalid as violative of the Establishment Clause of the First Amendment, because it lacks a clear secular purpose" and that the act "impermissibly endorses religion by advancing the religious belief that a supernatural being created humankind."
9817140 (11/24/99)], this amended provision was challenged by the Jefferson Smurfit Corporation on the grounds that the amendment facially
violated the U.S.
The Court held the tax "therefore facially
discriminates against interstate commerce and is unconstitutional unless the State can offer a significant justification for it." (See Fulton Corp.
According to this categorization schedule, facially
disfigured and physically disabled individuals should be treated in a similar fashion as they both fall under the umbrella of 'physical conditions'.
Those dating also were rated as facially
Derwinski, the Court held that this burden was met by the submission of a "facially
valid claim" and that "inherently incredible allegations of injury would not suffice." A short time later the Court said that a well-grounded claim is "a plausible claim, one that is meritorious on its own or capable of substantiation." In 1992 the Court stressed that "a claim need not be conclusive but only possible" to satisfy the initial burden of establishing a well-grounded claim.
There is a great deal of pain and suffering involved in being defined as "facially
disfigured," but why should society inflict such punishment on persons who have done no wrong and based on such arbitrary criteria and spurious beliefs?
Birth mother argues that 48.415(9m), allowing summary judgment against a parent who has committed a "serious felony" against a child, is unconstitutional both facially
and as applied to her and that her trial counsel was prejudicially ineffective for failing to challenge the summary judgment motion.
It peeped under the bed at him and facially
it resembled Charlene, but the eyes glowed and the mouth was huge.