Opinion

Dunagin v. City of Oxford

  • 718 F.2d 738
  • 10 Media L. Rep. (BNA) 1001
Court
Court of Appeals for the Fifth Circuit
Filed
Oct 31, 1983
Status
Published
Author
Gee
On the bench
Botham, Brown, Clark, Garwood, Gee, Goldberg, Higgin, Higginbotham, Johnson, Jolly, Politz, Randall, Reavley, Tate, Williams
Cited by
62 cases
Authority
More cited than 19.3%

explaining that, “... parties cannot insist on strict scrutiny merely by asserting a First Amendment right that the court ultimately finds not to be violated,” and noting that, “.. in all cases commercial speech is entitled to only a limited measure of protection under a different standard of review”

How later courts described this case

  • explaining that, “... parties cannot insist on strict scrutiny merely by asserting a First Amendment right that the court ultimately finds not to be violated,” and noting that, “.. in all cases commercial speech is entitled to only a limited measure of protection under a different standard of review”
  • stating that A[i]n this case we have held the Mississippi law entirely legal under the First Amendment, and parties cannot insist on strict scrutiny merely by asserting a First Amendment right that the court ultimately finds not to be violated@
  • stating that “[i]n this case we have held the Mississippi law entirely legal under the First Amendment, and parties cannot insist on strict scrutiny merely by asserting a First Amendment right that the court ultimately finds not to be violated”
  • subjecting “the ‘fact’ findings of a trial "judge as to the .latest truths "in the social sciences” to the "clearly erroneous standard of review” is “[cjlearly not” appropriate

Written by the judges who cited it.

The opinion

GEE, Circuit Judge,

with whom

GOLDBERG, POLITZ, RANDALL and HIGGIN-BOTHAM, Circuit Judges, join, dissenting:

Judge Reavley’s opinion for a majority of the court — workmanlike and thorough as always — takes a view of the Mississippi arrangement regulating liquor advertising with which it is hard to disagree violently. Even so, I believe that the better one is expressed in our panel opinions, reported at 701 F.2d 314 and 335. Since it is there set out in great detail, I see no occasion to write further.

For the reasons there expressed, then, I respectfully dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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