Home -> Law Blog Directory -> Litigation Blogs -> How Appealing

Litigation

: How Appealing

Seattle street performer "Magic Mike" to experience the magic that is rehearing en banc before the U.S. Court of Appeals for the Ninth Circuit

Seattle street performer "Magic Mike" to experience the magic that is rehearing en banc before the U.S. Court of Appeals for the Ninth Circuit: In January 2008, a divided three-judge Ninth Circuit panel issued a ruling that examined "the bounds of a city's authority to restrict expression in a public forum." As my post about that ruling explained, "The lawsuit was brought by street performer Michael Berger, a/k/a 'Magic Mike,' against the City of Seattle, which seeks to regulate the manner of his performances at a public forum known as the Seattle Center."

By a 2-1 vote, the majority upheld the regulations. But Circuit Judge Marsha S. Berzon dissented, writing:

The majority does not acknowledge how radically its holdings alter our law, creating a legal structure which will make it far easier to shut down discourse in public parks and other traditional public fora. Democracies survive and grow through public conversations among their citizens. For this reason, we have always viewed any limitations on speech in traditional public fora with extreme skepticism. [The majority's] opinion departs from that long tradition. I respectfully dissent.

Today, the Ninth Circuit issued an order granting rehearing en banc in the case.

Full post as published by How Appealing on July 14, 2008 (boomark / email).