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Byrne v. Rutledge

Religious Freedom

About this Case

A motorist sued state officials, alleging that their denial of his requested vanity license plate (JN36TN) on the grounds that it contained a religious message in violation of state law, violated the Free Speech Clause, the Equal Protection Clause, and the Due Process Clause of the United States Constitution. The U. S. District Court granted summary judgment in favor of officials, and the motorist appealed to the U.S. Court of Appeals for the 2nd Circuit.

Summary of NLF's Brief

Our brief argued that the district court erred when it held that Mr. Byrne had withdrawn his facial challenge to the statute and regulations at the preliminary injunction stage.  We also expanded upon Mr. Byrne’s discussion regarding the statute’s viewpoint discrimination, noting that the District Court erred in treating religion as a subject instead of a viewpoint.

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