An appeals court in Washington, D.C., ruled allegations of discrimination via 'selective enforcement' of defacement laws against pro-life protesters were plausible.
The foundation pointed to the government's tacit approval of Black Lives Matter-themed graffiti throughout the city during the summer of 2020 as evidence that the ordinances were being selectively enforced.
"The First Amendment prohibits discrimination on the basis of viewpoint irrespective of the government’s motive. We hold the Foundation has plausibly alleged the District discriminated on the basis of viewpoint in the selective enforcement of its defacement ordinance," the court wrote.
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