Legal Opinion

Berner v. Delahanty

Court of Appeals for the First Circuit

Decided October 30, 1997No. 96-2122PublishedCited by 228 opinions

1Opinion of the Court

SELYA, Circuit Judge.

Attorney Seth Berner claims that lawyers have an absolute right, protected by the First Amendment, to wear political buttons in the courtroom as long as the buttons do not disrupt judicial proceedings. We reject that proposition and affirm the district court’s dismissal of Berner’s action for declaratory and injunctive relief.

I. BACKGROUND

The facts, drawn from the plaintiff’s verified complaint and construed in his favor, see Dartmouth Review v. Dartmouth College, 889 F.2d 13, 16 (1st Cir.1989), can be recounted readily. The defendant, Thomas E. Delahanty, II, is an…

2Cases cited38 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Warth v. SeldinSupreme Court of the United States · 1975
  3. City of Los Angeles v. LyonsSupreme Court of the United States · 1983
  4. Broadrick v. OklahomaSupreme Court of the United States · 1973
  5. Tinker v. Des Moines Independent Community School DistrictSupreme Court of the United States · 1969

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3Cited by228 opinions

  1. Gagliardi v. SullivanCourt of Appeals for the First Circuit · 2008
  2. Centro Medico Del Turabo, Inc. v. Feliciano De MelecioCourt of Appeals for the First Circuit · 2005
  3. Iverson v. City of BostonCourt of Appeals for the First Circuit · 2006
  4. Marc D. Mezibov v. Michael K. Allen, Hamilton County OhioCourt of Appeals for the Sixth Circuit · 2005
  5. Fleet Data Processing Corp. v. Branch (In Re Bank of New England Corp.)Bankruptcy Appellate Panel of the First Circuit · 1998

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