Legal Opinion

Lodge No. 5 of the Fraternal Order of Police v. City of Philadelphia

Court of Appeals for the Third Circuit

Decided August 18, 2014No. 13-1516PublishedCited by 11 opinions

1Opinion of the Court

OPINION

HARDIMAN, Circuit Judge.

In 1951, the Philadelphia City Council enacted a Home Rule Charter which, informed by Philadelphia’s history of political patronage, restricted certain political activities by city employees. In this appeal we must decide whether one such restriction, which prevents members of the Philadelphia Police Department from making contributions to their union’s political action committee, violates the First Amendment. We hold that it does.

I

A

Appellant Lodge No. 5 of the Fraternal Order of Police (FOP) is an incorporated collective bargaining organization that represents…

2Cases cited49 opinions

  1. Pickering v. Board of Ed. of Township High School Dist. 205, Will Cty.Supreme Court of the United States · 1968
  2. Connick Ex Rel. Parish of Orleans v. MyersSupreme Court of the United States · 1983
  3. Buckley v. ValeoSupreme Court of the United States · 1976
  4. Elrod v. BurnsSupreme Court of the United States · 1976
  5. Broadrick v. OklahomaSupreme Court of the United States · 1973

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3Cited by11 opinions

  1. Local 85 v. Port Authority of AlleghenyCourt of Appeals for the Third Circuit · 2022
  2. Deon v. BaraschDistrict Court, M.D. Pennsylvania · 2018
  3. United States v. MenendezDistrict Court, D. New Jersey · 2015
  4. AMALGAMATED TRANSIT UNION LOCAL 85 v. PORT AUTHORITY OF ALLEGHENY COUNTYDistrict Court, W.D. Pennsylvania · 2021
  5. AMALGAMATED TRANSIT UNION LOCAL 85 v. PORT AUTHORITY OF ALLEGHENY COUNTYDistrict Court, W.D. Pennsylvania · 2021

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