United States Third Circuit

In an action challenging a City ordinance that prohibits certain speech within fifteen feet of health care facilities, claiming the ordinance violates plaintiffs' First and Fourteenth Amendments rights, the District Court's dismissal of the challenge is: 1) vacated in part as to the First Amendment claims, where the speech at issue is core political speech entitled to the maximum protection afforded by the First Amendment, and the City cannot burden it without first trying, or at least demonstrating that it has seriously considered, substantially less restrictive alternatives that would achieve the City's legitimate, substantial, and content-neutral interests; and 2) affirmed in part as to dismissal of the Fourteenth Amendment claim.

Appellate Information

• Published 2016/06/01

Judges

• JORDAN

Court

• United States Third Circuit

Counsel