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Reason
Reason
Eugene Volokh

S. Ct. Marshal Asks for Enforcement of Va. Residential Picketing Ban; Can That Ban Be Rendered Constitutional?

I wrote a few minutes ago that the Maryland residential picketing ban, mentioned in the Marshal of the Supreme Court's letter to Maryland enforcement authorities, is unconstitutional under Carey v. Brown (1980), because it has an exception for labor picketing. I've just learned from Josh Gerstein of Politico (thanks!) that the Marshal also sent similar letters to the Virginia Governor and the Fairfax County Chief of Police, urging them to enforce the Virginia residential picketing ban.

Now the Virginia law also has the same labor picketing exception that the Court has said makes a residential ban unconstitutionally content-based; but the letter cites to a 1989 Virginia Attorney General's opinion that argues that the labor picketing exception could just be struck down, and the rest of the statute could be upheld:

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