In the appeal, decided February 1, 1994, judges Richard Posner, Frank H. Easterbrook, and Michael Stephen Kanne affirmed Lindberg's earlier decision. Writing for the court, Posner rejected claims of official immunity and said city officials had no right to enter private property and take "offensive" paintings off its walls. He also rejected the argument that removing paintings from walls was an official duty.
Posner also rejected the argument that the defendants were removing the painting to save Chicago from racial riots that the continued showing of the painting might have started, and in which it might have been destroyed. He found that Tillman herself threatened to burn the painting on the spot, and that there was no mob. In addition, the court found that because Nelson had not intended to provoke a riot, the First Amendment could still be used to protect his speech.
Other articles related to "court, appellate court, appellate courts":
... Circuit Court of Appeals, Sellers contended he was suffering from a multiple personality disorder ... The appellate court ruled that there was "uncontroverted evidence" of Sellers's religious conversion and that he may indeed suffer from multiple personality disorder ... Supreme Court, but the court declined his appeal ...
... refers to instances where "rulings made by a trial court and not challenged on appeal become the law of the case." "Unless the trial court's rulings were clearly in error or there ... if the reviewing court remanded the matter back to the trial court and the party appeals again, or the case was appealed to a higher appellate court—for example, from an appellate court to ... As generally used, the term law of the case designates the principle that if an appellate court has passed on a legal question and remanded the cause to the court ...
... In the United States, both state and federal appellate courts are usually restricted to examining whether the lower court made the correct legal ... appellate courts are usually restricted to hearing appeals based on matters that were originally brought up before the trial court ... Hence, such an appellate court will not consider an appellant's argument if it is based on a theory that is raised for the first time in the appeal ...
... standard of review used to determine when an appellate court can review an "unpreserved" error, that is, mistakes made by the lower court that were not objected to as the law requires ... In such a case, the appellate court may still choose to look at the lower court's mistake even though there was no objection, if the appellate court determines that the ... In federal court, if a party commits forfeiture of error, e.g ...
Famous quotes containing the word court:
“But such as you and I do not seem old
Like men who live by habit. Every day
I ride with falcon to the rivers edge
Or carry the ringed mail upon my back,
Or court a woman; neither enemy,
Game-bird, nor woman does the same thing twice....”
—William Butler Yeats (18651939)