New York Court of Appeals

In the Matter of Robert L. Schulz, Appellants, Petitioners v. State of New York, Respondents

June 14, 199586 N.Y.2d 225

Summary

The New York Court of Appeals affirmed the dismissal of the plaintiffs' third and eighth causes of action, finding lack of subject‑matter jurisdiction and no federal takings claim, but reversed the appellate division's dismissal of the sixth cause of action, holding that the state‑funded newsletter was a prohibited partisan use of public money under article VII, § 8(1) of the New York Constitution. Justice Ciparick dissented in part, arguing the newsletter was permissible government speech.