Richard Leake, et al. v. James T. Drinkard, Individually and in His Official Capacity as Assistant City Administrator of the City of Alpharetta, GA, et al.
FirstAmendment DueProcess Trademark
Whether the government can limit private citizens' speech in government-sponsored parades
QUESTIONS PRESENTED 1. Whether the District Court and Eleventh Circuit Court of Appeals erred when applying the “Government Speech” doctrine to limit the speech of private citizens and organizations participating in government sponsored parades on the basis of flags which such participants wish to display in an objective historical context, which occur on public streets and are open to all participants that have submitted proper applications, in violation of the First Amendment to the United States Constitution. 2. Whether the District Court and Eleventh Circuit Court of Appeals impermissibly expanded the “Government Speech” doctrine to limit the use of historic flags upon which the local government has imposed a particular meaning, and which can be used to ban any symbol the government wishes to restrict thereafter in violation of the First Amendment to the United States Constitution.