Legal Opinion
Van Wagner Boston, LLC v. Davey
Court of Appeals for the First Circuit
Decided October 20, 2014No. 13-2087PublishedCited by 26 opinions
1Opinion of the Court
SELYA, Circuit Judge.
First Amendment rights are fragile, and it is not only the occasional abuse of censorship power but also the threat inherent in the existence of that power that may chill protected expression. Where those risks exist to a significant degree, facial challenges to the grant of such authority may be mounted.
In this case, the plaintiffs (related companies engaged in the business of erecting and displaying billboards and other outdoor signage) undertook a facial challenge to a state permitting scheme. The district court dismissed their First Amendment claim for lack of…
2Cases cited33 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
- Valley Forge Christian College v. Americans United for Separation of Church and State, Inc.Supreme Court of the United States · 1982
- Railroad Comm'n of Tex. v. Pullman Co.Supreme Court of the United States · 1941
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3Cited by26 opinions
- Hochendoner v. Genzyme CorporationCourt of Appeals for the First Circuit · 2016
- Reddy v. FosterCourt of Appeals for the First Circuit · 2017
- Ronald Phillips v. Mike DeWineCourt of Appeals for the Sixth Circuit · 2016
- Fernandez-Salicrup v. Figueroa-SanchaCourt of Appeals for the First Circuit · 2015
- Norris v. Cape Elizabeth School DistrictCourt of Appeals for the First Circuit · 2020
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