Brown v. California Department of Transportation
Court of Appeals for the Ninth Circuit
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
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- Elrod v. BurnsSupreme Court of the United States · 1976
- R. A. v. v. City of St. PaulSupreme Court of the United States · 1992
- Cornelius v. NAACP Legal Defense & Educational Fund, Inc.Supreme Court of the United States · 1985
- Rosenberger v. Rector & Visitors of University of VirginiaSupreme Court of the United States · 1995
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- Earth Island Institute v. U.S. Forest ServiceCourt of Appeals for the Ninth Circuit · 2006
- 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
- Raich v. GonzalesCourt of Appeals for the Ninth Circuit · 2007
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