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  • D.C. Circuit Revives Viewpoint Discrimination Suit Against District of Columbia

    08/15/2023 3:06:59 PM PDT · by CFW · 6 replies
    Reason ^ | 8/15/23 | JONATHAN H. ADLER
    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...