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BALOGH v. VIRGINIA

No. 23-1581.

120 F.4th 127 (2024)

Warren BALOGH, Plaintiff-Appellant, and Gregory Conte, Plaintiff, v. Commonwealth of VIRGINIA; Terence R. McAuliffe; Virginia State Police; Steven Flaherty; Becky Crannis-Curl; Brian Joseph Moran; City of Charlottesville; Michael Signer; Wes Bellamy; Charlottesville Police Department; Al Thomas, Jr.; Edward Gorcenski; Seth Wispelwey; Dwayne Dixon; Daryl Lamont Jenkins; Lacey MacAuley, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: October 23, 2024.

Attorney(s) appearing for the Case

ARGUED: Frederick Charles Kelly, III, LAW OFFICE OF FREDERICK C. KELLY, Monroe, New York, for Appellant. Erin Rose McNeill, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia; Melissa Yvonne York, HARMAN CLAYTOR CORRIGAN WELLMAN, Glen Allen, Virginia, for Appellees. ON BRIEF: Glen K. Allen, GLEN K. ALLEN LAW, Baltimore, Maryland, for Appellant. Richard H. Milnor, ZUNKA, MILNOR & CARTER LTD, Charlottesville, Virginia, for Appellees City of Charlottesville and Charlottesville Police Department. Rosalie P. Fessier, Brittany E. Shipley, TIMBERLAKE SMITH, Staunton, Virginia, for Appellee Wes Bellamy. David P. Corrigan, HARMAN CLAYTON CORRIGAN & WELLMAN, Richmond, Virginia, for Appellee Al Thomas, Jr.

Affirmed by published opinion. Chief Judge Diaz wrote the opinion, in which Judge Niemeyer and Judge Richardson joined.

This appeal asks a straightforward legal question: does the First Amendment protect speech amid violence? More specifically, does the First Amendment obligate police officers to protect the constitutional rights of protesters amid violence? We've already suggested that the answer is no. Kessler v. City of Charlottesville,<...

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