AMERICAN CIVIL LIBERTIES UNION OF NORTH CAROLINA; Dean Debnam; Christopher Heaney; Susan Holliday, CNM, MSN; Maria Magher, Plaintiffs-Appellees,
v.
Anthony J. TATA, in his official capacity as Secretary of the North Carolina Department of Transportation; James L. Forte, in his official capacity as Commissioner of the North Carolina Division of Motor Vehicles, Defendants-Appellants, and
Michael Gilchrist, in his official capacity as Colonel of the North Carolina State Highway Patrol, Defendant.
National Legal Foundation, Amicus Supporting Appellants.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: October 30, 2013.
Decided: February 11, 2014.
Attorney(s) appearing for the Case
ARGUED: Kathryne Elizabeth Hathcock , North Carolina Department of Justice, Raleigh, North Carolina, for Appellants. Christopher Anderson Brook , American Civil Liberties Union of North Carolina Legal Foundation, Raleigh, North Carolina, for Appellees. ON BRIEF: Roy Cooper , North Carolina Attorney General, Neil Dalton , Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellants. Steven W. Fitschen , The National Legal Foundation, Virginia Beach, Virginia, for Amicus Supporting Appellants.
Affirmed by published opinion. Judge WYNN wrote the opinion, in which Chief Judge TRAXLER and Judge RUSSELL joined.
United States Court of Appeals, Fourth Circuit.
WYNN, Circuit Judge:
The First Amendment prohibits the making of any law "abridging the freedom of speech...." U.S. Const. amend. I. "Premised on mistrust of governmental power, the First Amendment stands against attempts to disfavor certain subjects or viewpoints." Citizens United v. Fed. Election Comm'n, 558 U.S. 310, 340, 130 S.Ct. 876, 175 L.Ed.2d 753 (2010). Chief amongst the...
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