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“A state actor can grant exclusive use of public land for a political rally,” Moore wrote in her dissent. “Unlike, for example, a -hatted man claiming a First Amendment right to stand behind Hillary Clinton at a campaign rally, McGlone and Peters did not insist on entering the Pride Festival, let alone participating in the Pride Festival’s speech,” Batchelder wrote. “They stood outside and expressed a contrary message.”īut Judge Karen Nelson Moore, a Clinton appointee, dissented, arguing that the preachers’ use of bullhorns was disruptive enough to the festival’s permitted activities that the city was justified in asking them to move on, and had not attempted to restrict their speech based on its anti-gay content.
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The court also noted that the protesters didn’t attempt to participate in the festival or speak on its behalf, or take any action that would have infringed upon the free speech rights or freedom of expression of festival-goers. “How, then, can Nashville argue that its restriction of the preachers’ speech was not content based?” Bush appointee, wrote in her opinion on behalf of the majority.
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“Nashville’s explanation leaves no doubt that but for the anti-homosexuality message that McGlone and Peters were advancing as they stood on the sidewalk, they would not have been excluded,” Judge Alice Batchelder, a George H.W. The city previously argued that its exclusion of the protesters was not because of the content of their message, but because the preachers’ message of intolerance “interfered” with the message of the festival.Ī lower federal court found in favor of the city, but McGlone and Peters appealed the decision to the 6th Circuit, which reversed the earlier ruling.