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D.C. Circuit Revives Viewpoint Discrimination Suit Against District of Columbia
Reason ^ | 8/15/23 | JONATHAN H. ADLER

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 ...


TOPICS: Constitution/Conservatism; Culture/Society; Extended News; US: District of Columbia
KEYWORDS: blm; dc; dccircuit; discrimination; jameseboasberg; jamesemanuelboasberg; jmichellechilds; jonathanhadler; neomirao; obamastooge; robertlwilkins; viewpoint
I remember when this happened. I'm glad the Appeals court recognized the obvious viewpoint discrimination.
1 posted on 08/15/2023 3:06:59 PM PDT by CFW
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To: CFW

RE: “To permit one side … to have a monopoly in expressing its views … is the antithesis of constitutional guarantees.”
////////////////////////////
The entire educational system and news media plus social media and now the system of pseudo-justice all have allowed only the Leftist side.


2 posted on 08/15/2023 3:13:57 PM PDT by frank ballenger (You have summoned up a thundercloud. You're gonna hear from me. Anthem by Leonard Cohen)
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To: CFW

Now, make the constitutional rule apply to government sponsored and supported censorship regimens pretending to be “fact checking” or “misinformation”.


3 posted on 08/15/2023 3:17:23 PM PDT by Uncle Miltie ("The News” is a fake narrative promulgated by the Deep State Uniparty to control you and enrich them)
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To: CFW
The original opinion was handed down by Obama stooge James E. Boasberg, who is now the Chief Stooge of the US District Court for the District of Stooges in DC.

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.

4 posted on 08/15/2023 3:27:10 PM PDT by kiryandil (China Joe and Paycheck Hunter - the Chink in America's defenses)
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To: CFW

Trump judge


5 posted on 08/15/2023 3:32:16 PM PDT by imabadboy99
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To: kiryandil

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.


6 posted on 08/15/2023 3:33:53 PM PDT by CFW (I will not comply!)
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To: CFW

The law is supposed to apply equally to everyone. Shame on them for having this double standard.


7 posted on 08/15/2023 5:18:24 PM PDT by grundle
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