Mirth & Girth - Nelson V. Streeter - Appellate Court

Appellate Court

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.

Read more about this topic:  Mirth & Girth, Nelson V. Streeter

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