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U.S. District Court Case Summaries: August 11, 2008.(Brief article)

Rhode Island Lawyers Weekly

| August 11, 2008 | COPYRIGHT 2002 Dolan Media Company. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)Copyright

Byline: Rhode Island Lawyers Weekly Staff

Constitutional State law - Political signs Where a plaintiff, whose political signs have purportedly been removed from their roadside locations by the defendant Richmond police chief, is challenging the state law (R.I.G.L. s.11-22-2, subsection 3) under which the police chief is alleged to have acted, I conclude that the law in question is unconstitutional in vesting unbridled discretion in local authorities over whether to permit or deny expressive activity. Judge's comments The [U.S.] Supreme Court made clear many years ago that 'an ordinance which ... makes the peaceful enjoyment of freedoms which the Constitution …

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