State of Georgia v. International Keystone Knights of the Ku Klux Klan, Inc.

Blackwell, Justice.

This case presents important questions about the doctrine of sovereign immunity and the constitutional guarantee of the freedom of speech. But before we can resolve those questions, we must consider our jurisdiction of this appeal. The case comes to us as an appeal of right. The appeal is taken, however, from a judgment of a superior court reviewing a decision of a state administrative agency, and under OCGA § 5-6-35 (a) (1), there is no appeal of right from such a judgment. An appeal from a judgment of that sort must come instead by way of an application for discretionary…