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United States Fourth Circuit


Brown v. Town of Cary, 11-1480

In 1983 action, district court's summary judgment for plaintiff invalidating defendant's municipal sign ordinance, as applied to plaintiff, is reversed and remanded, where: 1) the claim survives plaintiff's death; 2) because the ordinance regulates speech for reasons independent of content, it is a content neutral restriction subject to intermediate scrutiny; 3) in applying that scrutiny, the ordinance does not violate the First Amendment; and 4) the ordinance is not unconstitutionally vague.

Appellate Information

  • Decided 01/22/2013
  • Published 01/22/2013

Judges

  • DIAZ

Court

  • United States Fourth Circuit

Counsel

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