Legal Opinion

Burke v. City of Charleston

District Court, D. South Carolina

Decided June 23, 1995No. Civ. A. 2:93-3001-22PublishedCited by 8 opinions

1Opinion of the Court

FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER

CURRIE, District Judge.

This unusual case examines the constitutionality of a content-neutral place and manner regulation affecting pure speech in a historic preservation district. 1 In this civil rights action brought pursuant to 42 U.S.C. § 1983 Plaintiff, an artist, challenges historic preservation ordinances enacted by Defendant City of Charleston (hereinafter “the City”). Jurisdiction is based on federal question, pursuant to 28 U.S.C. § 1331.

Plaintiffs Complaint alleges that the City wrongfully denied a permit for the display of a large mural…

2Cases cited44 opinions

  1. City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
  2. Grayned v. City of RockfordSupreme Court of the United States · 1972
  3. Grayned v. City of RockfordSupreme Court of the United States · 1972
  4. Hoffman Estates v. Flipside, Hoffman Estates, Inc.Supreme Court of the United States · 1982
  5. Ward v. Rock Against RacismSupreme Court of the United States · 1989

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3Cited by8 opinions

  1. Robert Burke, Doctor v. City of CharlestonCourt of Appeals for the Fourth Circuit · 1998
  2. People for the Ethical Treatment of Animals v. GiulianiDistrict Court, S.D. New York · 2000
  3. City of Tipp City v. DakinOhio Court of Appeals · 2010
  4. Toback v. City of Long BeachDistrict Court, E.D. New York · 1996
  5. Hanna v. City of ChicagoAppellate Court of Illinois · 2009

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