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Illinois Dunesland Pres. Soc'y v. Illinois Dep't. of Natural Res, No. 09-1535

By FindLaw Staff on October 14, 2009 4:03 PM

In plaintiff's 42 U.S.C. section 1983 action against state officials involved in the management of a Illinois Beach State Park and the state agency that operates the park charging infringement of free speech, district court's grant of summary judgment in favor of defendants is affirmed as the denial of display rack space for plaintiff's pamphlets warning of asbestos in the park may risk the appearance of endorsing an opinion that the defendants do not believe, and if they were to display their own pamphlet countering plaintiff's, this would have the effect of giving it legitimacy which the defendants are not obligated to acknowledge.  

Read Illinois Dunesland Pres. Soc'y v. Illinois Dep't. of Natural Res, No. 09-1535

Appellate Information

Appeals from the United States District Court for the Northern District of Illinois, Eastern Division

Argued September 11, 2009
Decided October 14, 2009

Judges

Before:  Easterbrook, Chief Judge, Posner and Wood, Circuit Judges

Opinion by Posner, Circuit Judge

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