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Corey McClendon, Reginald Holden, and Christopher Reedv.Gary Long, Jeanette Riley, and Scott Crumley

CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.21-10092
DecidedJanuary 19, 2022
Reporter22 F.4th 1330
JudgesWilliam Pryor, C. J.; Grant and Hull, JJ.
Tags
CivilCivil RightsFirst AmendmentFree SpeechGovernment LawPermanent InjunctionReversalVacaturRemand
Case Summary

Before Halloween 2018, Butts County deputies placed the sign ‘NO TRICK-OR-TREAT AT THIS ADDRESS’ at all 57 registered sex-offender homes, including three plaintiffs, without checking their state risk classifications. The Sheriff claimed the signs as county property and barred residents from removing them; Georgia law did not prohibit registrants from Halloween. The Eleventh Circuit held that forcing residents to host the signs compelled government speech; neither apparent endorsement nor the option to post a counter-sign controls. Although child safety is compelling, the Sheriff offered no evidence these registrants posed a heightened risk or the signs protected children, so the policy failed strict scrutiny. The Sheriff also failed to show the signs were on authorized public rights-of-way; the court left that state-law question unresolved. Holden owned his home, so the court reversed and directed summary judgment and a permanent injunction for him. McClendon and Reed lived in their parents’ homes, leaving property or tenancy rights unsettled; the court vacated judgment on their claims and remanded, including possible addition of their parents.

Opinion

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