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FREDERICK DOUGLASS FOUND. v. DISTRICT OF COLUMBIA

No. 21-7108.

82 F.4th 1122 (2023)

FREDERICK DOUGLASS FOUNDATION, INC., et al., Appellants v. DISTRICT OF COLUMBIA, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided August 15, 2023.

Attorney(s) appearing for the Case

Erin M. Hawley argued the cause for appellants. With her on the briefs were John J. Bursch , Kevin H. Theriot , and Jacob P. Warner .

Samuel J. Salario, Jr. was on the brief for amicus curiae Americans United for Life in support of appellants.

Jacob L. Phillips was on the brief for amicus curiae The Susan B. Anthony List in support of appellants.

Carl J. Schifferle , Deputy Solicitor General, Office of the Attorney General for the District of Columbia, argued the cause for appellee. With him on the brief were Karl A. Racine , Attorney General, Caroline S. Van Zile , Solicitor General, and Ashwin P. Phatak , Principal Deputy Solicitor General.

Opinion concurring in the judgment filed by Circuit Judge Wilkins.

The First Amendment prohibits government discrimination on the basis of viewpoint. "To permit one side ... to have a monopoly in expressing its views ... is the antithesis of constitutional guarantees." City of Madison Joint Sch. Dist. No. 8 v. Wis. Emp. Relations Comm'n, 429 U.S. 167, 175...

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