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Board of Trustees, State Univ. of N. Y. v. Fox

Board of Trustees of State University of New York v. Fox
Seal of the United States Supreme Court.svg
Argued February 22, 1989
Decided June 29, 1989
Full case name Board of Trustees of State University of New York v. Fox
Citations 492 U.S. 469 (more)
Argument Oral argument
Prior history Cert. to the United States Court of Appeals for the Second Circuit
Holding
The Court of Appeals erred in requiring the District Court to apply a least restrictive means test to Resolution 66-156; so long as the means are narrowly tailored to achieve the desired objective, it is for governmental decisionmakers to judge what manner of regulation may be employed.
Court membership
Chief Justice
William Rehnquist
Associate Justices
William J. Brennan, Jr. · Byron White
Thurgood Marshall · Harry Blackmun
John P. Stevens · Sandra Day O'Connor
Antonin Scalia · Anthony Kennedy
Case opinions
Majority Scalia, joined by Rehnquist, White, Stevens, O'Connor, Kennedy
Dissent Blackmun, joined by Brennan, Marshall
Laws applied
U.S. Const. amend. I

Board of Trustees of State University of New York v. Fox, 492 U.S. 469 (1989), is a United States Supreme Court case in which the Court instructed a lower court to reevaluate the compatibility of a resolution of the State University of New York that prohibited private commercial enterprises from operating in SUNY facilities with the First Amendment. The Court instructed the lower court to use the standard outlined in Central Hudson Gas & Electric Corp. v. Public Service Commission (1980) and determine whether the restriction on speech advanced the state's interest and, if so, whether the state's method was the least restrictive means to that end.


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