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Miller v. City of Cincinnati, 08-4679

By FindLaw Staff on September 24, 2010 | Last updated on March 21, 2019

Miller v. City of Cincinnati, 08-4679, involved a plaintiffs' section 1983 suit against the city of Cincinnati, claiming that the city's regulation governing access to the interior spaces of city hall violates the First and Fourteenth Amendments.  In affirming the district court's grant of plaintiffs' motion for a preliminary injunction, the court held that the district court properly enjoined enforcement of Administrative Regulation #5 on the basis of the plaintiffs' free speech and void-for-vagueness claims because plaintiffs have established a substantial likelihood of success on these claims, and there appears to be no issue as to the existence of the remaining preliminary injunction factors.

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