Injunctive Relief – First Amendment – Government Intimidation

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7^th Circuit Court of Appeals

Case No.: 15-3047

Case Name: Backpage.com, LLC v. Thomas Dart

Officials: POSNER, RIPPLE, and SYKES, Circuit Judges.

Pertinent Practice Areas: Injunctive Relief – First Amendment – Government Intimidation

Officers tactics to get adult section of webpage shut down warrants injunction

“As a citizen or father, or in any other private capacity, Sheriff Dart can denounce Backpage to his heart’s content. He is in good company; many people are disturbed or revolted by the kind of sex ads found on Backpage’s website. And even in his official capacity the sheriff can express his distaste for Backpage and its look-alikes; that is, he can exercise what is called “[freedom of] government speech.” See Walker v. Texas Division, Sons of Confederate Veterans, Inc., 135 S. Ct. 2239 (2015); Pleasant Grove City v. Summum, 555 U.S. 460 (2009); Johanns v. Livestock Marketing Association, 544 U.S. 550 (2005); Rosenberger v. Rector & Visitors of the University of Virginia, 515 U.S. 819, 833–34 (1995); Freedom from Religion Foundation, Inc. v. Obama, 641 F.3d 803 (7th Cir. 2011). A government entity, including therefore the Cook County Sheriff’s Office, is entitled to say what it wants to say—but only within limits. It is not permitted to employ threats to squelch the free speech of private citizens. “[A] government’s ability to express itself is [not] without restriction. … [T]he Free Speech Clause itself may constrain the government’s speech.” Walker v. Texas Division, Sons of Confederate Veterans, Inc., supra, 135 S. Ct. at 2246; see also Rosenberger v. Rector & Visitors of the University of Virginia, supra, 515 U.S. at 833–34.”

Reversed and Remanded

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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.