Case Overview
Brewer, Maine: Victory on Summary Judgment: ORDER HERE
A group of students circulated a petition pertaining to bathroom policies at Brewer High School. The school shut down the petition, threatening the students with discipline if they continued circulating it. The students also report that they were threatened that the petition was a “hate crime.” (The school denies this). Shawn McBreairty is a journalist who wrote about the story, and included a photograph that was widely circulating on social media.
The school district sent a threat to McBreairty. The DrummondWoodsum law firm, on the district’s behalf, sent a threat telling McBreairty that if he did not remove certain material from the article, including the photograph, they would take “further action” against him. In that threat, they cited his article as violating criminal law, civil liability, and administrative policies. Of course, trying to avoid government repercussions, McBreairty took down the article. He posted the threat letter though, and the government threatened him yet again, to take that down.
Given how obviously unconstitutional the government’s actions were, McBreairty sought an injunction from the District of Maine. (Motion). The government opposed, (Opposition), and McBreairty replied. (Reply). The Court then requested supplemental briefing on whether the photo enjoyed First Amendment protection. This is discussed at this post. The government takes the position that the photo has no First Amendment protection, which is (to put it plainly) some of the most incredibly shocking bullshit that this firm has ever seen a government argue. You do need to read this briefing in order to believe that this really happened. (McBreairty Brief) (Government Arguing the First Amendment does not apply).
The District Court denied our request for a preliminary injunction. (Order). After that, Mr. McBreairty passed away, and the District Court determined that injunctive relief would be moot.
The school and McBreairty cross-moved for summary judgment, and the Court ruled resoundingly in Mr. McBreairty’s favor and in favor of the First Amendment. (Order on Summary Judgment )
There is a similar case, RLG handled: Berge v. Gloucester School Committee. This case relied, in part on that win.
Main case Documents:
ORDER ON SUMMARY JUDGMENT
Opening Facts:
The Article That McBreairty Wrote
The Threat issued by the government
District Court Documents
McBreairty’s Complaint to the District Court
McBreairty’s Motion for a Temporary Restraining Order and Preliminary Injunction
Defendants’ Oppositions to Motion
McBreairty’s Reply in Support of Motion
District Court Supplemental Briefing
The Court asked for additional briefing to discuss
whether a photo is protected by the First Amendment.
McBreairty’s Briefing Addressing 1A Protection of the Photograph
Government’s Briefing Arguing 1A Protection of the Photograph
Post Injunction Documents
Order Denying the Motion for Injunctive Relief
McBreairty’s Motion for Injunction Pending Appeal – To the District Court
Government’s Opposition to Motion in the District Court
McBreairty’s Reply in Support of Motion for injunction pending appeal
Order Denying Motion for an Injunction Pending Appeal – Pretty Spicy!
First Circuit Court of Appeals:
McBreairty’s Motion to the First Circuit for Injunction Pending Appeal
Government’s Opposition to Motion
McBreairty’s Reply in Support of Motion
Post-Appeal District Court Documents:
Updated Motion for a Preliminary Injunction
Defendants’ Oppositions to Motion
McBreairty’s Reply in Support of Motion for a Preliminary Injunction
Order Denying Motion for a Preliminary Injunction
Brewer’s Motion for Summary Judgment
McBreairty’s Opposition to Brewer’s Motion for Summary Judgment
Brewer’s Reply in Support of Motion for Summary Judgment
McBreairty’s Motion for Summary Judgment
Defendants’ Opposition to McBreairty’s Motion for Summary Judgment
McBreairty’s Reply in Support of Motion for Summary Judgment
ORDER on SUMMARY JUDGMENT
Hearing Transcripts:
