Posted on 08/15/2023 3:06:59 PM PDT by CFW
The District allowed "Black Lives Matter" protestors to violate the city's defacement ordiance, but enforced the law against groups with a different political message.
Today the U.S. Court of Appeals for the D.C. Circuit revived a lawsuit agaisnt the District of Columbia for selective enforcement of the district's defacement ordinance in violation of the First Amendment. Judge Rao wrote for the court in Frederick Douglass Foundation v. District of Columbia, joined by Judge Childs, reversing the district court's dismissal of the Foundation's First Amendment claim, but affirming dismissal of an Equal Protection claim. Judge Wilkins concurred in the judgment.
Judge Rao's opinion for the court summarizes the case and decision as follows:
The First Amendment prohibits government discrimination on the basis of viewpoint. "To permit one side … to have a monopoly in expressing its views … is the antithesis of constitutional guarantees." City of Madison Joint Sch. Dist. No. 8 v. Wis. Emp. Relations Comm'n, 429 U.S. 167, 175–76 (1976). The protection for freedom of speech applies not only to legislation, but also to enforcement of the laws. This case concerns a constitutional challenge to the selective enforcement of the District of Columbia's defacement ordinance against some viewpoints but not others.
(Excerpt) Read more at reason.com ...
RE: “To permit one side … to have a monopoly in expressing its views … is the antithesis of constitutional guarantees.”
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The entire educational system and news media plus social media and now the system of pseudo-justice all have allowed only the Leftist side.
Now, make the constitutional rule apply to government sponsored and supported censorship regimens pretending to be “fact checking” or “misinformation”.
Partisan as the day is long, and his kangaroo court is firing on all cylinders, cr@pping all over the "law" and laughing in the faces of the peasantry.
Trump judge
Just a side note. Don’t bother reading the article by Professor Somin at Reason regarding the Trump indictment. He is so overcome by TDS that he has abandoned all legal integrity and treats the charges as legitimate and based upon law. Reason has gone so far downhill. The writers there are now all leftists pretending to be Libertarian.
The law is supposed to apply equally to everyone. Shame on them for having this double standard.
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