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North Carolina Division of Sons of Confederate Veterans, Inc. v. North Carolina Department of Transportation, et al.
Paid petition · United States Court of Appeals for the Fourth Circuit, No. 22-1282 · judgment December 22, 2022
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a state or local-government petitioner, a dissent in the court below (flagged in the petition), and a petition filed soon after the judgment below.
Questions presented
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Did the district court and Fourth Circuit Court of Appeals err in applying the “Government Speech” doctrine to limit the speech of private citizens and organizations participating in a specialty license plate program which originated in a statute that did not vest the government agency with any discretion with regard to the eligibility of civic groups or the design of the civic group’s emblem?
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Did the district court and Fourth Circuit Court of Appeals err in failing to apply the public forum doctrine to a specialty license plate program which originated in a statute which did not vest the government agency with any discretion with regard to the design of such specialty plates other than to ensure the readability of such plates?
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Did the district court and Fourth Circuit Court of Appeals err in applying the “Government Speech” doctrine where there was an adequate and independent state law basis which did not implicate the Constitution to hold that the NC-DMV exceeded its authority by denying members of Petitioner the ability to obtain and display a specialty license plate?
Counsel of record
For petitioner
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For respondent
Ryan Young Park
North Carolina Department of Justice
Case
Conference history
Distributed for 2 conferences
Proceedings
- Jun 12 2023Petition DENIED.
- May 23 2023DISTRIBUTED for Conference of 6/8/2023.
- May 19 2023Reply of petitioner North Carolina Division of Sons of Confederate Veterans, Inc. filed.
- May 04 2023Brief of respondents North Carolina Department of Transportation, et al. in opposition filed.
- Apr 04 2023Response Requested. (Due May 4, 2023)
- Mar 29 2023DISTRIBUTED for Conference of 4/14/2023.
- Mar 28 2023Waiver of right of respondents North Carolina Department of Transportation, et al. to respond filed.
- Mar 22 2023Petition for a writ of certiorari filed. (Response due April 24, 2023)