By: Derek Hawkins//June 20, 2016//
7th Circuit Court of Appeals
Case Name: Tri-Corp Housing Incorporated v. Robert Bauman
Case No.: 14-1358
Officials: EASTERBROOK and HAMILTON, Circuit Judges, and PALLMEYER, District Judge.
Focus: Intentional Interference with contracts – First Amendment
Alderman’s reserved right of free speech under first amendment for speeches and letters to regulatory and licensing boards expressing disdain for appellant practices, whether or not those speeches and expressions allegedly hurt the business of appellant.
“The First Amendment prevents both state and federal governments from controlling political speech. It would be most surprising to find in the Fair Housing Act an attempt to penalize political speech, and Tri-Corp does not contend that the statute has any language doing so. The most one could say is that after Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc., 135 S. Ct. 2507 (2015), which holds that two sections of the Fair Housing Act authorize a mild form of review for disparate impact, a litigant might contend that speech creating a disparate impact should be treated the same as action. But Inclusive Communities dealt with sections 804(a) and 805(a), 42 U.S.C. §§ 3604(a), 3605(a). Tri-Corp does not seek relief under either of these sections.”
Affirmed