First Circuit· 10/12/2004

McGuire v. Reilly

Citations

386 F.3d 45
2004 U.S. App. LEXIS 21179
2004 WL 2283803

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).

Judges: Boudin, Lynch, Schwarzer

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Cited by

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

Cites

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

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