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· 6/17/2010

Harrell v. the Florida Bar

Citations

  • 608 F.3d 1241
  • 2010 U.S. App. LEXIS 12426
  • 2010 WL 2403344

How courts have described this case

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

  • deciding that the plaintiff had standing to bring a First Amendment challenge based on the self-censorship in commercial speech that resulted from an administrative rule
  • holding that to allege standing the plaintiff must show, among other things, that his speech “would arguably be affected by the rules” and that the rules “are at least arguably vague” as they apply to him (emphasis omitted)
  • noting that the three strands of justiciability are standing, ripeness, and mootness (citing Socialist Workers Party v. Leahy, 145 F.3d 1240, 1244 (11th Cir. 1998))
  • holding that the government’s retreat from challenged conduct did not moot a case in part because the government failed “to disclose any basis for its decision,” making it unclear whether the decision was “well-reasoned and therefore likely to endure” (internal quotation mark omitted)
  • explaining that “a clandestine or irregular” decision “to cease a challenged behavior” will not qualify as unambiguous cessation, unless it takes the form- of a statutory repeal
  • explaining that the Troiano presumption only applies where the conduct has been unambiguously terminated

Source: CourtListener parenthetical corpus (CC0).

Judges: Edmondson, Marcus, Barbour

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.