FACT CONCERTS, INC. v. CITY OF NEWPORT

No. 79-1397.

626 F.2d 1060 (1980)

FACT CONCERTS, INC. and Marvin Lerman, Plaintiffs-Appellees, v. The CITY OF NEWPORT, The State of Rhode Island, Mayor Humphrey J. Donnelly III, Individually and in his Official Capacity as Mayor, the City Council for the City of Newport and Lawrence Newsome, John H. West, Robert O. Beatti, Raymond H. Carr, Edward K. Coristine, James F. Ring, all Individually and in their Official Capacity as Members of the City Council for the City of Newport, Rhode Island, Defendants-Appellants.

United States Court of Appeals, First Circuit.

Decided June 17, 1980.


Attorney(s) appearing for the Case

Guy J. Wells, Providence, R. I., with whom Gunning, Lafazia & Gnys, Inc., Providence, R. I., was on brief, for defendants-appellants.

Leonard Decof, Providence, R. I., with whom Jay S. Goodman and Decof, Weinstein & Mandell, Providence, R. I., were on brief, for plaintiffs-appellees.

Before COFFIN, Chief Judge, CAMPBELL and BOWNES, Circuit Judges.


BOWNES, Circuit Judge.

In August of 1975, the City Council of Newport, Rhode Island, voted to revoke a license to conduct two jazz concerts previously issued to Fact Concerts, Inc., unless the musical group Blood, Sweat and Tears was removed from the program. The City of Newport (the City) and five Newport city councillors now appeal from a jury verdict awarding compensatory and punitive damages to Fact Concerts for violation of its first amendment right to promote...

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