Chi84
Premium Member
They’re not losing any rights by what they’re doing now. It’s a strategy decision on when and how to raise claims and I’m sure they have this covered.If I strikethrough those parts, everything is still true. I would think those parts make it a first amendment claim. Without them, I would think they could still make a representation claim. The representation one likely is a state question, not federal though. Based on whatever FL law covers how governments are run.
Maybe they're thinking they could file in State court later if they lose the federal case first amendment claim.
Obviously, if they win the first amendment claim, all the other questions go away. If they lose the first amendment claim in federal court, I would assume they could still make a representation claim in state court.