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TEXAS DIV., SCV v. VANDERGRIFF

No. 13-50411.

759 F.3d 388 (2014)

TEXAS DIVISION, SONS OF CONFEDERATE VETERANS, INCORPORATED, a Texas Corporation; Granvel J. Block, Individually; Ray W. James, Individually, Plaintiffs-Appellants v. Victor T. VANDERGRIFF, In His Official Capacity as Chairman of the Board; Clifford Butler, In His Official Capacity as a Member of the Board; Raymond Palacios, Jr., In His Official Capacity as a Member of the Board; Laura Ryan, In Her Official Capacity as a Member of the Board; Victor Rodriguez, In His Official Capacity as a Member of the Board; Marvin Rush, in his official capacity as a Member of the Board; John Walker, III, In His Official Capacity as a Member of the Board; Blake Ingram, In His Official Capacity as a Member of the Board, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 14, 2014.

Attorney(s) appearing for the Case

Roger James George, Jr. , Trial Attorney, John Robert McConnell , George Brothers Kincaid & Horton, L.L.P., Austin, TX, for Plaintiffs-Appellants.

Jonathan F. Mitchell , Solicitor General, Office of the Solicitor General for the State of Texas, Erika M. Kane , Assistant Attorney General, Office of the Attorney General, General Litigation Division, Austin, TX, for Defendants-Appellees.

Before SMITH, PRADO, and ELROD, Circuit Judges.

EDWARD C. PRADO, Circuit Judge:

The Texas Division of the Sons of Confederate Veterans and two of its officers (collectively "Texas SCV") appeal the district court's grant of summary judgment in favor of Victor T. Vandergriff, Chairman of the Texas Department of Motor Vehicles Board, and seven other board members (collectively "the Board"). Texas SCV argues that the Board violated its First Amendment right to free speech when the Board denied Texas SCV's application...

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