Legal Opinion

Gary D. Moore v. The City of Kilgore, Texas

Court of Appeals for the Fifth Circuit

Decided July 18, 1989No. 87-2783PublishedCited by 78 opinions

1Per curiam

Appellant Gary Moore brought this 42 U.S.C. § 1983 suit against the City of Kil-gore to remedy a violation of Moore’s First Amendment rights. This per curiam opinion explains the panel’s holdings.

Part I of Judge Goldberg’s opinion concerns the application of Kilgore Fire Department Rule and Regulation 4.2A(40) to Moore’s speech. We unanimously reverse and remand for further proceedings on this issue. Judge Goldberg’s opinion constitutes the reasoning of the court on this issue.

There is a second issue in this case concerning the facial validity of the Kilgore Rule. An opinion by Judge…

2Cases cited43 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  2. Pickering v. Board of Ed. of Township High School Dist. 205, Will Cty.Supreme Court of the United States · 1968
  3. Connick Ex Rel. Parish of Orleans v. MyersSupreme Court of the United States · 1983
  4. Perry v. SindermannSupreme Court of the United States · 1972
  5. Broadrick v. OklahomaSupreme Court of the United States · 1973

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3Cited by78 opinions

  1. John C. Bonnell and Nancy L. Bonnell v. Albert Lorenzo, William MacQueen and Gus J. Demas, Mark CousensCourt of Appeals for the Sixth Circuit · 2001
  2. Maureen E. Coughlin and Frank S. Mistretta v. Harry Lee A/K/A Jefferson Parish SheriffCourt of Appeals for the Fifth Circuit · 1991
  3. Jan Johnson v. Multnomah County, Oregon, a Political Subdivision of State of Oregon William McKinley Paul YarboroughCourt of Appeals for the Ninth Circuit · 1995
  4. Todd M. Johnson, Sr. v. Joseph Ganim, Ron Rapice, and City of BridgeportCourt of Appeals for the Second Circuit · 2003
  5. Teague v. City of Flower MoundCourt of Appeals for the Fifth Circuit · 1999

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