United States Eleventh Circuit

In a First Amendment challenge to a county ordinance prohibiting any false statement concerning the contents or effect of any petition for initiative, referendum, or recall, partial summary judgment for plaintiff is reversed where: 1) plaintiff lacked standing to challenge the ordinance because he failed to submit any detail, such as when, where, or how he intended to exercise his right to free speech in the future, that illuminated the specifics of his claimed injury; and 2) plaintiff's claim was not ripe because his allegations contained no factual specificity and, therefore, did not demonstrate a credible threat of prosecution.

Appellate Information

• Decided 03/15/2010
• Published 03/15/2010

Judges

• RESTANI, Judge:, Before WILSON and ANDERSON, Circuit Judges, and RESTANI, Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Kent Harrison Robbins, Miami Beach, FL, for Dermer.


• For Appellees:
  
• Bernard Pastor, Craig Edward Leen, Miami, FL, for Defendants-Appellants.