First Amendment violation

By: Derek Hawkins//June 13, 2017//

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7^th Circuit Court of Appeals

Case Name: Higher Society of Indiana v. Tippecanoe County, Indiana

Case No.: 17-1089

Officials: MANION and ROVNER, Circuit Judges, and COLEMAN, District Judge

Focus: First Amendment violation

The Higher Society of Indiana, a non-profit advocating for the legalization of marijuana, wants to hold a rally on the steps of the Tippecanoe County Courthouse in Lafayette, Indiana. Under County policy, the group was required to get its event sponsored by the County Board of Commissioners before it could take place on the grounds. Since the Commissioners didn’t want to sponsor Higher Society’s event, the County denied the group permission. The organization successfully sought a preliminary injunction in the district court, and the County appeals. For the reasons stated below, we agree with the district court’s thorough opinion that the County’s policy likely violates the First Amendment. Therefore, we affirm the grant of the preliminary injunction.

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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