[Download] "Schultz v. Frisby" by United States Court of Appeals for the Seventh Circuit # eBook PDF Kindle ePub Free

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eBook details

• Title: Schultz v. Frisby
• Author : United States Court of Appeals for the Seventh Circuit
• Release Date : January 09, 1989
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 51 KB

Description

EASTERBROOK, Circuit Judge The Town of Brookfield, Wisconsin, has an ordinance curtailing picketing in residential areas. Relying on the assurance of the Town's counsel that this ordinance prohibits only picketing ""directed at a single residence"", the Supreme Court held that the ban satisfies the first amendment. Frisby v. Schultz, 487 U.S. 474, 108 S. Ct. 2495, 2501, 101 L. Ed. 2d 420 (1988). After receiving the Court's judgment, we returned the case to the district court, so that the would-be picketers could pursue any remaining claims. Plaintiffs neither amended their complaint nor offered evidence; they demanded the immediate entry of an injunction notwithstanding the Supreme Court's opinion. Needless to say they lost, post haste. The plaintiffs believe that the ordinance does not have the meaning the Town gave it in the Supreme Court. They ask us to certify the case to the Supreme Court of Wisconsin for an authoritative construction or at least remand the case so that the district court can hold further proceedings to pin down its meaning. Yet the meaning of a law is not a question of fact, to be stewed over in evidentiary proceedings. So far as this case is concerned the meaning of the ordinance is what the Supreme Court said it means, and having this meaning it is constitutional.

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