United States Second Circuit

In a First Amendment case stemming from a state lobbying commission's inquiry into whether plaintiff-organization incurred reportable lobbying expenses in connection with a billboard promoting awareness of free speech issues in a private shopping mall, summary judgment for defendant is affirmed where: 1) although the district court erred in finding that the case was moot because the organization's complaint challenged an alleged Commission policy beyond the specific billboard controversy; nevertheless, 2) the policy challenge was not ripe for judicial review.

Appellate Information

• Decided 06/06/2008
• Published 06/06/2008

Judges

• SOTOMAYOR, Circuit Judge:, Before:  SOTOMAYOR and RAGGI, Circuit Judges, GLEESON, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Christopher Dunn (Arthur Eisenberg, on the brief), New York Civil Liberties Union Foundation, New York, NY, for plaintiff-appellant.


• For Appellees:
  
• Sasha Samberg-Champion, Assistant Solicitor General (Barbara D. Underwood, Solicitor General, Michelle Aronowitz, Deputy Solicitor General, on the brief), for Andrew M. Cuomo, Attorney General of the State of New York, New York, NY, for defendant-appellee.