Legal Opinion · Dissent

Centro De La Comunidad Hispana De Locust Valley v. Town of Oyster Bay

Court of Appeals for the Second Circuit

Decided August 22, 2017No. 15-2914-cvPublished

1DissentDennis Jacobs, Circuit Judge

I respectfully dissent.

This case was brought by two plaintiffs; one is an organization that seems not to exist except as a vehicle for this litigation; the other is an organization that claims standing by casting some of its own elective (and slight) conduct as injury, and by speculating about future harm that it is unlikely to incur. I would therefore order dismissal for lack of standing. Beyond that (if one can get beyond that), the injunction entered by the district court is more broad than the First Amendment violation found can justify, and is obviously formulated to remedy harms that…

2Cases cited23 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Warth v. SeldinSupreme Court of the United States · 1975
  3. Hunt v. Washington State Apple Advertising CommissionSupreme Court of the United States · 1977
  4. Haguer v. Committee for Industrial OrganizationSupreme Court of the United States · 1939
  5. Havens Realty Corp. v. ColemanSupreme Court of the United States · 1982

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