United States Fourth Circuit

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Cooksey v. Futrell, 12-2084

Dismissal of plaintiff's claim against defendants, member of the North Carolina Board of dietetics/Nutrition alleging the Board violated his First Amendment rights by causing him to self-censor certain speech on his website wherein he offered both free and fee-based dietary advice to website visitors, is vacated and remanded, where: 1) the district court erred in not analyzing plaintiff's claims under the First Amendment standing framework; and 2) under that analysis, plaintiff has sufficiently satisfied the First Amendment injury-in-fact requirement by showing that the Board's actions had an objectively reasonable chilling effect on the advice and commentary he posted on his website, and likewise, the claims are ripe for adjudication.

Appellate Information

  • Decided 06/27/2013
  • Published 06/27/2013

Judges

  • THACKER

Court

  • United States Fourth Circuit

Counsel