McGuire v. Reilly

How courts have described this case

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

• holding that state statute was not facially unconstitutional on grounds of impermissible viewpoint discrimination
• holding that protester had standing despite lack of prosecution but ultimately concluding that his as-applied challenge failed because he produced “no evidence that the police . . . enforced [the] statute in anything other than an evenhanded way”
• explaining that, most commonly, “the as-applied challenge is then an attempt to ‘specify’ the law by freshly testing its constitutionality in one particular fact situation”
• explaining that “the as-applied challenge is then an attempt to ‘specify’ the law by freshly testing its constitutionality in one particular fact situation”
• stressing that summary judgment is “appropriate” where “the nonmoving party fails to show the existence of a genuine issue of material fact” in record
• describing plaintiffs’ as-applied challenge as contending “that the law itself is neutral and constitutional ..., but that it has been enforced selectively in a viewpoint discriminatory way”

Source: CourtListener parenthetical corpus (CC0).