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[DOWNLOAD] "Constitutional Law - First Circuit Conducts Independent, Not Clear-Error, Review in Free Speech Case Involving City Ordinances - Sullivan V. City of Augusta." by Suffolk University Law Review " eBook PDF Kindle ePub Free

Constitutional Law - First Circuit Conducts Independent, Not Clear-Error, Review in Free Speech Case Involving City Ordinances - Sullivan V. City of Augusta.

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eBook details

  • Title: Constitutional Law - First Circuit Conducts Independent, Not Clear-Error, Review in Free Speech Case Involving City Ordinances - Sullivan V. City of Augusta.
  • Author : Suffolk University Law Review
  • Release Date : January 22, 2009
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 290 KB

Description

Protecting the expression of unpopular ideas lies at the heart of the First Amendment; therefore, free speech law inherently distrusts regulation. (1) Acknowledging the First Amendment's importance, the United States Supreme Court imposed a special appellate duty to protect free speech. (2) In Sullivan v. City of Augusta, (3) the First Circuit considered whether two city ordinances violated the First Amendment's free speech and assembly protections. (4) The First Circuit conducted an independent review of the record and vacated in part, reversed in part, and affirmed in part the district court's unconstitutionality findings. (5) In January 2004, the March for Truth Coalition (Coalition) began organizing a demonstration in Augusta, Maine. (6) The organizational effort required obtaining a permit pursuant to a city ordinance applying to street marches. (7) Accordingly, in February 2004, Coalition organizer Timothy Sullivan filed for a marching permit, which the city agreed to grant if the Coalition posted a bond to cover cleanup and other costs associated with the march. (8) Sullivan subsequently filed suit on behalf of the Coalition in the United States District Court for the District of Maine, seeking a temporary restraining order (TRO). (9) The Coalition argued that it could not afford the fees and that the conditional permit violated its free speech rights. (10) The district court granted the motion with respect to the bond requirement, but it upheld the remaining provisions of the Augusta ordinance. (11)


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