This blog features case law related to real estate, land use, zoning, and municipal law in Pennsylvania

Tag: first amendment

Municipality has Burden of Demonstrating Likelihood of Success for Preliminary Injunction in First Amendment Challenge of Ordinance

In this challenge of the constitutionality of an ordinance restricting protests and picketing within 20 feet of the entrance to a healthcare facility, the Third Circuit remanded the District Court for the Middle District of Pennsylvania’s denial of a preliminary injunction. The Third Circuit found that the District Court had improperly placed the burden of demonstrating likelihood of success on the plaintiffs, rather than the municipality, as is required in First Amendment cases.

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Township Official Entitled to Qualified Immunity for “No Contact” Email to Residents, Despite Violation of First Amendment Rights

This decision from the Third Circuit deals with a civil rights claim filed by Township residents asserting violations of their First Amendment right to petition their government.  At issue was a Township official’s statement to the residents not to communicate with Township officials or employees after the residents’ were perceived to have threatened suit against the Township for its inaction in a dispute with the residents’ neighbors. In reversing the District Court decision, the Third Circuit found that qualified immunity applied to the Township official, because “every reasonable official” in that position would not have known that such a “no contact” email was a violation of the residents’ First Amendment rights.

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