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· 12/9/2003

Fabiano v. Hopkins

Citations

  • 352 F.3d 447
  • 2003 U.S. App. LEXIS 24690
  • 2003 WL 22927250

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that “form and context of [plaintiff’s] expression indicates a subjective intent to contribute to public discourse” and thus speech “addressed a matter of public concern”
  • declining to treat lawsuit involving zoning as \inherently a matter of public concern\
  • “[I]f the plaintiffs constitutional claim is relatively weak, ... the government need show less to counter it.”
  • “There is no doubt that Fabiano’s lawsuit was motivated in large part by self-interest.... Nonetheless, we think that Fabiano’s Zoning Board lawsuit had sufficient public dimension to ground a First Amendment claim.”
  • employee’s lawsuit against the city’s zoning board touched on a matter of public concern because although the employee was motivated by his own property interests, context shows that he was also motivated to “restore the integrity of the zoning process and remedy parking congestion”

Source: CourtListener parenthetical corpus (CC0).

Judges: Howard, Campbell, Stahl

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.