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Added by Garnet R. Chaney, last edited by Garnet R. Chaney on Jul 03, 2007  (view change)
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Hooray for these courts striking down a blatantly unconstitution city government attack on free speech!

CINCINNATI – The village of Glendale, a suburb of Cincinnati, enacted an ordinance banning residents from posting "For Sale" signs on cars parked on public property. In an 8-7 split decision, the 6th U.S. Circuit Court of Appeals reversed previous federal district court and three-judge appeals panels, and found that the ordinance violates constitutionally protected commercial speech rights.

Glendale resident and lawyer Chris Pagan, sued the village of Glendale. He was threatened with a fine in 2003 if he did not remove the for sale sign from a car he owned. He sued on the basis that the ordinance violated his First Amendment rights.

The village of Glendale made the typical argument: They claim their ordinance is a traffic safety issue. Many cities excuse this unconstitutional law by claiming that people who stop to inspect a car for sale in a public roadway might be injured.

Many cities have similar ordinances which ban washing or repairing vehicles in the street.

Unfortunately a minority of the 6th U.S. Circuit Court of Appeals judges had no problem with denying people their right to post a for sale sign, claiming "The act of selling a car in a public street invites prospective buyers into the road to examine the car, and common sense supports a ban on such acts."

The dissenting judges pointed out more than 200 similar ordinances in the four states - Ohio, Michigan, Kentucky and Tennessee - from which the 6th Circuit hears appeals.

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This digital document is an article from Siempre!, published by Edicional Siempre on March 21, 2001. The length of the article is 862 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.

Citation Details
Title: Argentina: Inconstitucional, la Ley de Punto Final.(TT: Argentina: unconstitutional, the law of immunity.)
Author: Rubén Montedónico
Publication: Siempre! (Refereed)
Date: March 21, 2001
Publisher: Edicional Siempre
Volume: 47 Issue: 2492 Page: 44

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Texas workers' comp. law declared unconstitutional.: An article from: National Underwriter Property & Casualty-Risk & Benefits Management
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Citation Details
Title: Texas workers' comp. law declared unconstitutional.
Author: Jaelene Fayhee
Publication: National Underwriter Property & Casualty-Risk & Benefits Management (Magazine/Journal)
Date: May 20, 1991
Publisher: The National Underwriter Company
Issue: n20 Page: p1(2)

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Title: Georgia asbestos law ruled unconstitutional.
Author: Allison Torres Burtka
Publication: Trial (Magazine/Journal)
Date: February 1, 2007
Publisher: Thomson Gale
Volume: 43 Issue: 2 Page: 78(2)

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Since the mid-1970s American presidents have, with growing frequency, claimed that they have the power to ignore any law they believe is unconstitutional. Beginning with a review of the English constitutional backdrop against which the U.S. Constitution was framed, this book demonstrates that the Founders did not intend to confer on the president a power equivalent to the royal prerogative of suspending the laws, which was stripped from the English Crown in 1689. The author examines each of the nearly 150 instances in which presidents from George Washington to Jimmy Carter have objected to the validity of a law, in order to determine whether or not the president then ignored the law in question. This examination of the historical record reveals that prior to the mid-1970s the White House only rarely failed to honor a law that it believed to be unconstitutional.
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Citation Details
Title: Is the right to organize unconstitutional?
Author: Aron Fischer
Publication: Yale Law Journal (Refereed)
Date: June 1, 2004
Publisher: Yale University, School of Law
Volume: 113 Issue: 8 Page: 1999(8)

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Presidential Defiance of "Unconstitutional" Laws: Reviving the Royal Prerogative.(Review) (book reviews): An article from: Constitutional Commentary
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Citation Details
Title: Presidential Defiance of "Unconstitutional" Laws: Reviving the Royal Prerogative.(Review) (book reviews)
Author: J. Randy Beck
Publication: Constitutional Commentary (Refereed)
Date: June 22, 1999
Publisher: Constitutional Commentary, Inc.
Volume: 16 Issue: 2 Page: 419

Article Type: Book Review

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