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D.C. Circuit· 6/21/2011

Mahoney v. Doe

Citations

  • 642 F.3d 1112
  • 395 U.S. App. D.C. 291
  • 2011 U.S. App. LEXIS 12478
  • 2011 WL 2451014

How courts have described this case

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

  • noting that although plaintiffs could not chalk, they could still spread religious message through picketing
  • finding that chalk art qualified as speech in a public forum—a closed road akin to a sidewalk—when “the defacement at issue is temporary and can be cured”
  • noting that the statute at issue criminalized conduct that is “clearly 21 expressive,” including “painting, drawing, or writing,” as well as conduct “like 1 vandalizing or physically damaging property” which is “primarily destructive and 2 only secondarily expressive”
  • rejecting plaintiff’s argument that RLUIPA overruled Henderson I by amending RFRA’s definition of “exercise of religion”
  • the plaintiff had ample alternative means of spreading his religious message besides chalking the sidewalk in front of the White House
  • Defacement Ordinance “is indisputably content neutral” because it bans activities “without reference to the message the speaker wishes to convey”

Source: CourtListener parenthetical corpus (CC0).

Judges: Henderson, Brown, Kavanaugh

Read full opinion on CourtListener

Cited by

50 cases in this archive cite this case; the 20 most cited are listed.

Cites

31 cases in this archive are cited by this case; the 20 most cited are listed.

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.