Legal Opinion · Concurring in part, dissenting in part
Brown v. Alexander
Court of Appeals for the Sixth Circuit
Decided October 6, 1983No. Nos. 81-5594 to 81-5596Published
1Concurring in part, dissenting in part
GILMORE, District Judge.
(Concurring in part and dissenting in part.)
I concur in the entirety of the majority’s opinion except that, in addition to striking subsection (6) of the Act as unconstitutional on equal protection grounds, I would also find that subsections (5) and (7) offend the Equal Protection Clause of the United States Constitution. I would therefore affirm the district court’s decision in its entirety. Brown v. Alexander, 516 F.Supp. 607 (M.D.Tenn.1981).
I agree with the majority that plaintiff’s First Amendment rights are not violated by the statute in question. There is ample…
2Cases cited9 opinions
- Perry Education Ass'n v. Perry Local Educators' Ass'nSupreme Court of the United States · 1983
- Police Dept. of Chicago v. MosleySupreme Court of the United States · 1972
- Shuttlesworth v. City of BirminghamSupreme Court of the United States · 1969
- Police Department of Chicago v. MosleySupreme Court of the United States · 1972
- Smith v. Arkansas State Highway Employees, Local 1315Supreme Court of the United States · 1979
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