Warning: coarse language is part of this story.

David Bowden’s fight for his right to free speech continues in federal court as the case is now in the hands of a federal appeals court.  The late Mr. Bowden is the Cary resident who posted the neon sign on his Cary home: Screwed by the Town of Cary. He was fined by the town. A federal judge ruled the town’s effort to control his speech amounted to “content-based restriction on speech.” Cary refuses to acknowledge that it can’t use government power to shut down a person’s speech on private property. The town continues to spend public money defending this.

 

In December 2010, U.S. District Court Judge Louise Flanagan barred the town from fining Bowden for the sign, awarding the plaintiff a dollar of damages and about $46,000 of legal fees.

So far, the town has spent about $258,000 defending itself in the case, a sum it will pay win or lose. The town’s insurance will cover some further costs, but will not pay the bill for a First Amendment specialist, which may continue to rise.

The possible impact of the case on town sign laws aren’t clear, and the town’s legal staff declined to speculate.

The North Carolina Institute For Constitutional Law reviews and discusses the case here.