Brian DAVISON, Plaintiff-Appellee,
v.
Phyllis RANDALL, in Her Official and Individual Capacity, Defendant-Appellant, and
Loudoun County Board of Supervisors, in Their Official and Individual Capacities; Leo Rogers, in His Official Capacity; Tony Buffington, in His Official Capacity; Ron Meyer, in His Official Capacity; Geary Higgins, in His Official Capacity, Defendants.
Local Government Attorneys of Virginia, Inc.; International Municipal Lawyers Association; Virginia Association of Counties; Virginia Municipal League, Amici Supporting Appellant,
American Civil Liberties Union; ACLU of Virginia; ACLU of Maryland; ACLU of North Carolina; ACLU of South Carolina; ACLU of West Virginia, Amici Supporting Appellee.
Brian C. Davison, Plaintiff-Appellant,
v.
Phyllis Randall, in Her Official and Individual Capacity; Loudoun County Board of Supervisors, in Their Official And Individual Capacities, Defendants-Appellees, and
Leo Rogers, in His Official Capacity; Tony Buffington, in His Official Capacity; Ron Meyer, in His Official Capacity; Geary Higgins, in His Official Capacity, Defendants.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: September 26, 2018.
Decided: January 7, 2019.
Amended: January 9, 2019.
Attorney(s) appearing for the Case
ARGUED: Scott E. Gant , BOIES SCHILLER FLEXNER, LLP, Washington, D.C.; Leo P. Rogers , LOUDOUN COUNTY ATTORNEY, Leesburg, Virginia, for Appellant/Cross-Appellee. Katherine A. Fallow , KNIGHT FIRST AMENDMENT INSTITUTE AT COLUMBIA UNIVERSITY, New York, New York, for Appellee/Cross-Appellant. ON BRIEF: Aaron E. Nathan , BOIES SCHILLER FLEXNER LLP, Washington, D.C., for Appellant/Cross-Appellee. Jameel Jaffer , Carrie DeCell , KNIGHT FIRST AMENDMENT INSTITUTE AT COLUMBIA UNIVERSITY, New York, New York, for Appellee/Cross-Appellant. Vishal Agraharkar , AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF VIRGINIA, Richmond, Virginia; Esha Bhandari , Vera Eidelman , AMERICAN CIVIL LIBERTIES UNION FOUNDATION, New York, New York; Susan K. Dunn , ACLU OF SC FOUNDATION, INC., Charleston, South Carolina; Christopher Brook , AMERICAN CIVIL LIBERTIES UNION OF NORTH CAROLINA LEGAL FOUNDATION, Raleigh, North Carolina; Deborah A. Jeon , ACLU FOUNDATION OF MARYLAND, Baltimore, Maryland; Jennifer D. Oliva , ACLU OF WEST VIRGINIA FOUNDATION, Charleston, West Virginia, for Amici American Civil Liberties Union, ACLU of Virginia, ACLU of Maryland, ACLU of North Carolina, ACLU of South Carolina, and ACLU of West Virginia. Joshua A. Geltzer , Douglas Letter , Amy L. Marshak , Mary B. McCord , INSTITUTE FOR CONSTITUTIONAL ADVOCACY AND PROTECTION GEORGETOWN UNIVERSITY LAW CENTER, Washington, D.C.; Kwaku A. Akowuah , Christopher C. Fonzone , Kate Heinzelman , SIDLEY AUSTIN LLP, Washington, D.C., for Amici Curiae First Amendment Legal Scholars.
Affirmed by published opinion. Judge Wynn wrote the opinion, in which Judge Keenan and Judge Harris concurred. Judge Keenan wrote a separate concurring opinion.
WYNN, Circuit Judge:
Phyllis Randall, Chair of the Loudoun County, Virginia, Board of Supervisors (the "Loudoun Board"), brings this appeal, arguing that the district court erred in concluding that she violated the First Amendment rights of one of her constituents, Brian Davison, when she banned Davison
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