News & Analysis as of

Free Speech Municipalities

Tucker Arensberg, P.C.

Federal Court of Appeals Rules Pennsylvania Borough’s Ordinance Regulating Political Yard Signs is Unconstitutional

Tucker Arensberg, P.C. on

In Camp Hill Borough Republican Ass’n v. Borough of Camp Hill, 2024 U.S. App LEXIS 11300 (3rd Cir., May 9, 2024), a three-judge panel of the United States Court of Appeals for the Third Circuit declared portions of Camp Hill...more

Best Best & Krieger LLP

Cities are Not Liable for Lessees’ Exercise of Choice in Speakers

Ninth Circuit Affirms Limits on Private and Municipal Liability for First Amendment Violations - The U.S. Ninth Circuit Court of Appeals affirmed that it takes more than some joint action with the government for a private...more

Farrell Fritz, P.C.

Federal Court Reviewing Town of Oyster Bay’s Rules of Decorum for Public Meetings

Farrell Fritz, P.C. on

In response to a resolution passed by the Oyster Bay Town Board on October 6, 2020, that purports to create rules of decorum at Town Board meetings and seeks to prohibit inappropriate behavior during board meetings, a Town...more

Best Best & Krieger LLP

An Extraordinary Smackdown of an Ordinary Sign Ordinance

Court Invalidates Common Sign Ordinance on First Amendment Grounds - A federal appeals court cited the First Amendment in invalidating some portions of the City of Troy, Mich.’s sign ordinance that are very common to many...more

Pullman & Comley, LLC

Speaker at Zoning Commission Hearing Enjoys Same Free Speech Protections as if at Trial Before a Court

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In Priore v. Haig, AC 41748, the Appellate Court concluded that statements made by one of the plaintiff’s neighbors during a zoning commission hearing on the plaintiff’s application for a special permit to install a sewer...more

Holland & Knight LLP

Religious Institutions Update: September 2019 - Lex Est Sanctio Sancta

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Rehearing Denied for Elementary School Against Catholic Teacher's ADA Claim - In Biel v. St. James Sch., 926 F. 3d 1238 (9th Cir. 2019), the petition for rehearing and the petition for rehearing en banc was denied, subject...more

Tucker Arensberg, P.C.

Municipality’s Retaliation against Newspaper for Unfavorable Press Leads to Civil Rights Claim

Tucker Arensberg, P.C. on

Press and Journal, Inc. v. Borough of Middletown, Civil Action No. 1:18-CV-2064 (M.D. Pa. 2018) (Borough faces a civil rights claim for retaliation against newspaper for unfavorable press coverage). BACKGROUND - The...more

Best Best & Krieger LLP

[WEBINAR] Enforcement of Solicitation/Panhandling Regulations and Overview of SB 946 (Sidewalk Vending)

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The recent invalidation of the City of Sacramento’s aggressive solicitation ordinance in SRCEH v. City of Sacramento illustrates the dilemma faced by cities when trying enforce regulations that affect free speech rights. This...more

Best Best & Krieger LLP

Public Comment Time Limit OK'd by Court - Alexander Brand Discusses California Appellate Court Ruling in PublicCEO

Does your agency place a time limit on public comments at meetings? So long as time restrictions placed on public comment periods are reasonable and don’t violate state or federal law, the Second District Court of Appeal,...more

Robins Kaplan LLP

Following SCOTUS’ Lead, the Ninth Circuit Strikes Down a Ban on “Disparaging” Ads

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A three-judge panel of the Ninth Circuit has ruled that Seattle violated the First Amendment by banning “disparaging” ads on city buses....more

Best Best & Krieger LLP

Public Bus Ad Gets A Free Ride - County Cannot Prohibit Ad Content Solely Because It’s Disparaging Or Potentially Disruptive,...

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A county violated the First Amendment by refusing to display an advertisement related to global terrorism on its public buses, the U.S. Ninth Circuit Court of Appeals held....more

Best Best & Krieger LLP

Public Entities Can Limit Public Comment Speaking Time at Meetings - California Appellate Court Finds Limit Did Not Violate Brown...

Public entities can place reasonable time restrictions on public comment at their meetings as long as the time restrictions do not violate state or federal law, a California appellate court said in a fairly sweeping decision....more

Best Best & Krieger LLP

City Can’t Restrain Employee’s Critical Comments - Ninth Circuit Holds It Is OK to Speak on Matters of Public Concern as a Private...

A city employee’s comments at a public event were not protected under the First Amendment because she spoke as a public employee, not a private citizen, a federal appeals court held in Barone v. City of Springfield. However,...more

Best Best & Krieger LLP

Government Actions are Not Protected Speech Under California Anti-SLAPP Law - Appellate Opinion Stems from Disputed Construction...

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When a government entity issues a construction permit, that is government action not protected by California’s anti-SLAPP law — which extends only to constitutionally protected exercises such as “free speech” — the California...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court 2016-17 Recap

The politics surrounding the appointment of a new justice to the U.S. Supreme Court dominated the news cycle during the 2016-17 term, but the Court’s decisions themselves have been far from controversial. As the term draws to...more

Best Best & Krieger LLP

U.S. Supreme Court Affirms That Content-Based Sign Codes Violate The First Amendment

Now, more than ever, local municipalities should review their municipal sign laws to ensure that signs are not being regulated based on their message. This is in the wake of the U.S. Supreme Court’s recent ruling that an...more

Dickinson Wright

Supreme Court Strikes Down Ordinance Regulating Directional Signs

Dickinson Wright on

In the case of Reed v. Town of Gilbert, the United States Supreme Court recently issued a significant decision regarding municipal sign regulation The Town of Gilbert regulated signage differently based on the content of the...more

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