United States Seventh Circuit

In plaintiff's 42 U.S.C. section 1983 action against state officials involved in the management of a Illinois Beach State Park and the state agency that operates the park charging infringement of free speech, district court's grant of summary judgment in favor of defendants is affirmed as the denial of display rack space for plaintiff's pamphlets warning of asbestos in the park may risk the appearance of endorsing an opinion that the defendants do not believe, and if they were to display their own pamphlet countering plaintiff's, this would have the effect of giving it legitimacy which the defendants are not obligated to acknowledge.

Appellate Information

• Decided 10/14/2009
• Published 10/14/2009

Judges

• POSNER, Circuit Judge., Before EASTERBROOK, Chief Judge, and POSNER and WOOD, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Donald L. Metzger (argued), Metzger & Associates, Chicago, IL, for Plaintiff-Appellant.


• For Appellees:
  
• Paul Berks (argued), Rachel J. Fleischmann, Attorney, Office of the Attorney General, Chicago, IL, for Defendants-Appellees.