Legal Opinion

Tenafly Eruv Ass'n v. Borough of Tenafly

Court of Appeals for the Third Circuit

Decided October 24, 2002No. 01-3301PublishedCited by 115 opinions

1Opinion of the Court

OPINION OF THE COURT

AMBRO, Circuit Judge.

The primary issues presented in this appeal from the District Court’s order denying preliminary injunctive relief are whether the Free Speech and Free Exercise Clauses of the First Amendment allow the Borough of Tenafly, Néw Jersey, which has permitted various secularly motivated violations of a facially neutral ordinance, to invoke that ordinance against comparable religiously motivated acts by Orthodox Jews. Because there is no evidence that the acts in question are expressive, we hold that the Free Speech Clause does not apply. We further hold,…

2Cases cited113 opinions

  1. Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
  2. Pickering v. Board of Ed. of Township High School Dist. 205, Will Cty.Supreme Court of the United States · 1968
  3. Elrod v. BurnsSupreme Court of the United States · 1976
  4. Bell v. HoodSupreme Court of the United States · 1946
  5. Cantwell v. ConnecticutSupreme Court of the United States · 1940

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3Cited by115 opinions

  1. McTernan v. City of York, Pa.Court of Appeals for the Third Circuit · 2009
  2. Guy McEachin v. Michael McGuinnis Superintendent, W.E. Wilcox, Acting Dep. Supt. Of Security, Southport, J. Irizarry, Food Service AdministratorCourt of Appeals for the Second Circuit · 2004
  3. Chaplaincy of Full Gospel Churches v. EnglandCourt of Appeals for the D.C. Circuit · 2006
  4. McTernan v. City of York, Penn.Court of Appeals for the Third Circuit · 2009
  5. Hobby Lobby Stores, Inc. v. SebeliusCourt of Appeals for the Tenth Circuit · 2013

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