Legal Opinion

Brown v. California Department of Transportation

Court of Appeals for the Ninth Circuit

Decided March 13, 2003No. 02-15385PublishedCited by 46 opinions

1Opinion of the Court

Opinion by Judge WARDLAW; Concurrence by Judge BEEZER.

OPINION

WARDLAW, Circuit Judge.

We must decide whether the California Department of Transportation’s policy of permitting an individual to display United States flags, but no other expressive banners, on highway overpasses constitutes unreasonable viewppint discrimination in violation of the First Amendment.

I. Background

In the wake of the September 11th terrorist attacks, an American citizenry united in grief, fear, and defense of country, joined in a spontaneous display of patriotism. Across America, her great national emblem, the United…

2Cases cited16 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. Elrod v. BurnsSupreme Court of the United States · 1976
  3. R. A. v. v. City of St. PaulSupreme Court of the United States · 1992
  4. Cornelius v. NAACP Legal Defense & Educational Fund, Inc.Supreme Court of the United States · 1985
  5. Rosenberger v. Rector & Visitors of University of VirginiaSupreme Court of the United States · 1995

11 more not listed; retrieve them via the Exa API.

3Cited by46 opinions

  1. Stormans, Inc. v. SeleckyCourt of Appeals for the Ninth Circuit · 2009
  2. Chaplaincy of Full Gospel Churches v. EnglandCourt of Appeals for the D.C. Circuit · 2006
  3. Earth Island Institute v. U.S. Forest ServiceCourt of Appeals for the Ninth Circuit · 2006
  4. Department of Parks and Re-Creation for the State of California v. Bazaar Del Mundo Inc., a California CorporationCourt of Appeals for the Ninth Circuit · 2006
  5. Raich v. GonzalesCourt of Appeals for the Ninth Circuit · 2007

41 more not listed; retrieve them via the Exa API.

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