The ongoing chill on speech makes it necessary to invoke the earlier precedents that a statute that chills speech can and must be invalidated where its facial invalidity has been demonstrated.
"Proposition 8 must be invalidated because the amendment process cannot be used to extinguish fundamental constitutional rights without compelling justification," Mr. Brown said in a statement.
Second, the Court implies that the challenged laws must be invalidated because New Jersey has left its landfills open to domestic waste.
But then, as Jenkins comments, tongue firmly in cheek, "if personal austerity is to be regarded as a necessary foundation for radical impulse, some of the most famous battle cries for reform must be invalidated".
We need not decide whether the Ordinance 87-72 could survive constitutional scrutiny if it existed separately; it must be invalidated because it functions, with the rest of the enactments in question, to suppress Santeria religious worship.
To the extent that the Commission's order suppresses speech that in no way impairs the State's interest in energy conservation, the Commission's order violates the First and Fourteenth Amendments, and must be invalidated.
This vague, overly broad policy must be invalidated.
Many women openly decry the horrors of abortion, yet I must be invalidated because I agree with their assessment?
Although Ordinance 87-72 appears to apply to substantial nonreligious conduct and not to be overbroad, it must also be invalidated because it functions in tandem with the other ordinances to suppress Santeria religious worship.
But commission lawyers told the justices the FCC "no longer wishes to maintain the must carry rules invalidated by the court of appeals". They said the commission "is considering various regulatory alternatives". The rules entitled a television station to insist that its signal be carried and retransmitted on any cable system serving the station's local service area.
The system must also be able to invalidate samples.
