Legal Opinion

American Legion Post 7 of Durham, North Carolina v. City of Durham

Court of Appeals for the Fourth Circuit

Decided February 5, 2001No. 00-1500PublishedCited by 60 opinions

1Opinion of the Court

OPINION

WILLIAMS, Circuit Judge:

Appellant, American Legion Post 7 of Durham, North Carolina, challenges the constitutionality of the City of Durham’s zoning ordinance restricting the size of publicly displayed flags, signs, banners, and other visual displays. 1 The district court granted summary judgment to the City. Because we find that the City’s flag size restrictions reasonably limit the time, place, and manner of speech in a fashion that preserves ample alternative avenues for communication and is supported by the City’s substantial aesthetic interests, we affirm.

I

In 1988, the Durham City…

2Cases cited26 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. United States v. O'BrienSupreme Court of the United States · 1968
  4. Ward v. Rock Against RacismSupreme Court of the United States · 1989
  5. Perry Education Ass'n v. Perry Local Educators' Ass'nSupreme Court of the United States · 1983

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3Cited by60 opinions

  1. Wag More Dogs, Ltd. Liability Corp. v. CozartCourt of Appeals for the Fourth Circuit · 2012
  2. Peters v. JenneyCourt of Appeals for the Fourth Circuit · 2003
  3. Covenant Media of South Carolina, LLC v. City of North CharlestonCourt of Appeals for the Fourth Circuit · 2007
  4. LAMAR ADVERTISING OF PENN, LLC, — CROSS-APPELLEE v. TOWN OF ORCHARD PARK, NEW YORK, —Court of Appeals for the Second Circuit · 2004
  5. Aaron Ross v. Wayne EarlyCourt of Appeals for the Fourth Circuit · 2014

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