McGlone v. Metropolitan Government of Nashville and Davidson County, Tennessee

Nashville city attorney states at oral argument that police forced picketers to leave a public sidewalk near the city’s LGBTQ Pride Festival to create a “safe space.” Sixth Circuit: But for the content of the picketers’ speech, they wouldn’t have been removed. That’s content-based discrimination; strict scrutiny applies, and Nashville loses. Dissent: The picketers’ use of bullhorns means Nashville’s action wasn’t content-based, and concessions by Nashville’s “obviously harried” attorney at oral argument shouldn’t count as evidence.

Tags: 2018, First Amendment, Free Speech, Sixth Circuit

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