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Hendersonv.McMurray

CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.20-10879
DecidedFebruary 9, 2021
Reporter987 F.3d 997 (11th Cir. 2021)
JudgesChief Judge William Pryor and Circuit Judges Grant and Tjoflat
Tags
CivilCivil ProcedureFirst AmendmentConstitutional LawStatutory Interpretation
Case Summary

James and Carol Henderson, religious sidewalk counselors near two abortion clinics, alleged that Huntsville’s permit ordinance and a noise condition on their amplified-speech permit violated their First Amendment speech and free-exercise rights. The Eleventh Circuit affirmed dismissal of their amended complaint for failure to state a claim. The Hendersons abandoned on appeal their as-applied challenge to the permit ordinance, and their complaint did not allege facts showing that the noise condition denied ample alternative channels or was imposed because of their viewpoint. The court also rejected their vagueness challenge: the condition turned on whether amplified sound was clearly audible inside nearby buildings, even if compliance could be difficult to assess. Although the court recognized the hybrid-rights doctrine, it held that the counselors’ free-exercise claim did not resemble the speech-and-religion claims previously recognized under that doctrine; the city had not barred them from spreading their beliefs. The district court’s dismissal was affirmed.

Opinion

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