Legal Opinion · Dissent

Pagan v. Fruchey

Court of Appeals for the Sixth Circuit

Decided June 29, 2007No. 04-4414Published

1DissentRogers, J.

The justification for forbidding the placement of for-sale automobiles on the public streets—for inspection by potential buyers—is simply obvious: people may be drawn to stand in the street for nontraffic purposes. The act of selling a car in a public street invites prospective buyers into the road to examine the car, and common sense supports a ban on such acts. To read into the First Amendment a requirement that governments go through pointless formalities before they enact such a commonsense rule is, in my view, to cheapen the grandeur of the First Amendment. To require a study, or…

2Cases cited15 opinions

  1. Cleveland Board of Education v. LoudermillSupreme Court of the United States · 1985
  2. Central Hudson Gas & Electric Corp. v. Public Service CommissionSupreme Court of the United States · 1980
  3. Members of the City Council of Los Angeles v. Taxpayers for VincentSupreme Court of the United States · 1984
  4. Metromedia, Inc. v. City of San DiegoSupreme Court of the United States · 1981
  5. Kovacs v. CooperSupreme Court of the United States · 1949

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