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TURNER v. CITY COUNCIL, CITY OF FREDERICKSBURG, VA

No. 06-1944.

534 F.3d 352 (2008)

Hashmel C. TURNER, Jr., Plaintiff-Appellant, v. The CITY COUNCIL OF the CITY OF FREDERICKSBURG, VIRGINIA; Thomas J. Tomzak, in his official capacity as Mayor of the City of Fredericksburg, Virginia, Defendants-Appellees. American Civil Liberties Union of Virginia Foundation, Amicus Supporting Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: July 23, 2008.

Attorney(s) appearing for the Case

ARGUED: R. Johan Conrod, Jr., Kaufman & Canoles, P.C., Norfolk, Virginia, for Appellant. Robert Martin Rolfe, Hunton & Williams, Richmond, Virginia, for Appellees. ON BRIEF: J. Bradley Reaves, Kaufman & Canoles, P.C., Norfolk, Virginia; James J. Knicely, Knicely & Associates, P.C., Williamsburg, Virginia, for Appellant. Maya M. Eckstein, Terence J. Rasmussen, Thomas K. Johnstone, IV, Hunton & Williams, Richmond, Virginia; Elliot M. Mincberg, Judith E. Schaeffer, People for the American Way Foundation, Washington, D.C., for Appellees. Rebecca K. Glenberg, American Civil Liberties Union of Virginia Foundation, Inc., Richmond, Virginia, for Amicus Supporting Appellees.

Affirmed by published opinion. Associate Justice O'CONNOR wrote the opinion, in which Judge MOTZ and Judge SHEDD joined.

OPINION

O'CONNOR, Associate Justice (Retired):

Appellant Hashmel Turner claims that the Council for the City of Fredericksburg, Virginia, violated his First Amendment rights when it implemented a policy beginning in 2005 requiring that legislative prayers be nondenominational. Because the prayers at issue here are government speech, we hold that Fredericksburg's prayer policy does not violate Turner's Free Speech and Free Exercise rights. Likewise, the requirement...

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