Mark G. Weinberg v. City of Chicago

EASTERBROOK, Circuit Judge, with whom COFFEY and MANION, Circuit Judges, join,

dissenting from the denial of rehearing en banc.

This case presents the question whether the first amendment (applied to the states by the fourteenth) requires state and local governments to make speech exceptions to laws regulating conduct — here, the sale of merchandise. The panel answered yes, see Weinberg v. Chicago, 310 F.3d 1029 (7th Cir.2002), without trying to reconcile its view with contrary decisions of the Supreme Court. Nor did the panel recognize that it was going into conflict with other circuits that…