Cities are Not Liable for Lessees’ Exercise of Choice in Speakers

Ninth Circuit Affirms Limits on Private and Municipal Liability for First Amendment Violations - The U.S. Ninth Circuit Court of Appeals affirmed that it takes more than some joint action with the government for a private entity to become a state actor subject to suit under the Civil Rights Act of 1871 (42 U.S.C. § 1983, “Section 1983”). Likewise, “the government does not, without more, become vicariously liable for the discretionary decisions of its lessee.”...
By: Best Best & Krieger LLP

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