Constitutional Law—First Circuit Conducts Independent, Not Clear-Error, Review in Free Speech Case Involving City Ordinances—Sullivan v. City of Augusta, 511 F.3d 16 (1st Cir. 2007), cert. denied, 129 S. Ct. 112 (2008)

First Circuit Review 2009

Protecting the expression of unpopular ideas lies at the heart of the First Amendment; therefore, free speech law inherently distrusts regulation.  Acknowledging the First Amendment’s importance, the United States Supreme Court imposed a special appellate duty to protect free speech.  In Sullivan v. City of Augusta, the First Circuit considered whether two city ordinances violated the First Amendment’s free speech and assembly protections.  The First Circuit conducted an independent review of the record and vacated in part, reversed in part, and affirmed in part the district court’s unconstitutionality findings.