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United States First Circuit


Van Wagner Boston v. Davey, 13-2087

In this First Amendment case, plaintiffs are companies engaged in the business of erecting and displaying billboards and other outdoor signage, and plaintiffs seek to challenge a Massachusetts regulatory scheme that imposes various restraints on signage and signage companies. Dismissal of plaintiffs' First Amendment claim for lack of standing is reversed, where the complaint plausibly alleges that plaintiffs are subject to a regulatory permitting scheme that grants an official unbridled discretion over the licensing of their expressive conduct and poses a real and substantial threat of censorship.

Appellate Information

  • Decided 10/20/2014
  • Published 10/20/2014

Judges

  • Selya

Court

  • United States First Circuit

Counsel

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