Federal Court Grants Summary Judgment for City of Lawrence in First Amendment Suit
06/19/2025On March 6, 2025, Franke Schultz & Mullen secured a complete defense victory for the City of Lawrence and two former mayors in Spiehs v. Larsen et al. The plaintiff, Justin Spiehs—a self-described “infamous” public commenter—filed a civil rights lawsuit under 42 U.S.C. § 1983, alleging First Amendment retaliation, equal protection violations, and unconstitutional restrictions on speech after being removed from City Commission meetings for failing to follow meeting rules. Charles Cooper and Des’Aire Taylor drafted the motion, which argued that the City’s public comment period constituted a limited public forum. The FSM lawyers argued that in a limited public forum, viewpoint-neutral restrictions—that maintained decorum and that required topics be germane to the City’s business—are permissible under the First Amendment. United States District Court Judge Julie A. Robinson agreed, holding that the City’s standards were constitutionally valid and neutrally enforced. Judge Robinson rejected all of Spiehs’ claims, upheld the constitutionality of the City’s decorum and germane standards, and found no evidence of retaliation, viewpoint discrimination, or equal protection violations.