Recent Developments

Authors

Peyton Hildebrand, University of Arkansas, Fayetteville

Keywords

First Amendment, constitutional right, at-will employee, Henderson State University, race discrimination, Pine Bluff, municipality libability, Tofurky

Abstract

The Eighth Circuit upheld preliminary injunctive relief in favor of the plaintiffs who challenged Arkansas's anti-loitering law for violating their free speech rights. Though Arkansas claimed that it would not enforce the anti-loitering statute against "'polite' and 'courteous' beggars like [plaintiffs]," because the law's plain language applied to the plaintiffs' intended activities, they had an objectively reasonable fear of prosecution.' Thus, they had a constitutional injury as required for standing.

Recommended Citation

Peyton Hildebrand, Recent Developments, 72 Ark. L. Rev. 879 (2020).
Available at: https://scholarworks.uark.edu/alr/vol72/iss4/5