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Penn Advertising of Baltimore, Incorporated v. Mayor and City Council of Baltimore, a Municipal Corporation Kurt L. Schmoke, in His Official Capacity as Mayor of Baltimore City David Tanner, in His Official Capacity as the General Superintendent of Zoning Administration and Enforcement of Baltimore City, the American Advertising Federation the American Association of Advertising Agencies the Association of National Advertisers, Incorporated the Outdoor Advertising Association of America, Incorporated Washington Legal Foundation the City of Cincinnati, Ohio the Maryland Congress of Parents & Teachers, Incorporated the Coalition for Beautiful Neighborhoods Baltimore City Wide Liquor Coalition for Better Laws and Regulations City and County of San Francisco City of San Jose United States of America, Amici Curiae

Citations: 101 F.3d 332; 1996 U.S. App. LEXIS 29462Docket: 94-2141

Court: Court of Appeals for the Fourth Circuit; November 12, 1996; Federal Appellate Court

Narrative Opinion Summary

In this case, the United States Court of Appeals for the Fourth Circuit revisited its prior decision involving Penn Advertising of Baltimore, Inc. and the Mayor and City Council of Baltimore following a remand from the United States Supreme Court, which had issued a ruling in 44 Liquormart, Inc. v. Rhode Island. The primary legal issue concerned the regulation of advertising and its intersection with First Amendment rights. Despite the Supreme Court's ruling, the appellate court concluded that there was no need to alter its original decision, citing consistency with the precedent set in Anheuser-Busch, Inc. v. Schmoke. Consequently, the district court's judgment was affirmed. However, Senior Judge Butzner dissented, reiterating his previous objections to the majority's stance in similar cases. This case highlights the complexities surrounding municipal advertising regulations and constitutional free speech claims, illustrating the challenges courts face in balancing local regulatory interests with established constitutional protections.

Legal Issues Addressed

Dissenting Opinions in Judicial Decisions

Application: Senior Judge Butzner dissented, maintaining his disagreement with the majority’s conclusions, as he had in previous related cases.

Reasoning: Senior Judge Butzner dissented, referencing his earlier dissenting opinions in related cases, expressing disagreement with the majority’s conclusion.

First Amendment and Advertising Regulations

Application: The court reaffirmed its earlier decision, indicating that the principles established in 44 Liquormart, Inc. v. Rhode Island did not necessitate a change in outcome regarding advertising regulations.

Reasoning: The United States Court of Appeals for the Fourth Circuit reviewed the case on remand from the United States Supreme Court after the decision in 44 Liquormart, Inc. v. Rhode Island.

Stare Decisis in Appellate Decisions

Application: The appellate court adhered to its previous rulings, finding consistency with prior case law despite a Supreme Court decision prompting reassessment.

Reasoning: The court reaffirmed its earlier judgment, citing the rationale from Anheuser-Busch, Inc. v. Schmoke, and indicated that the findings in 44 Liquormart were consistent with the conclusions reached in prior rulings.