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American Family Association v. City and County of San Francisco is a case in which the American Family Association (AFA) challenged the City and County of San Francisco's actions opposing an AFA sponsored advertisement campaign as a violation of the First Amendment to the United States Constitution. The majority opinion was written by Michael Daly Hawkins and the dissenting/concurring opinion was written by John T. Noonan, Jr.

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  • American Family Ass'n v. City and County of San Francisco (en)
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  • American Family Association v. City and County of San Francisco is a case in which the American Family Association (AFA) challenged the City and County of San Francisco's actions opposing an AFA sponsored advertisement campaign as a violation of the First Amendment to the United States Constitution. The majority opinion was written by Michael Daly Hawkins and the dissenting/concurring opinion was written by John T. Noonan, Jr. (en)
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  • American Family Association v. City and County of San Francisco (en)
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  • American Family Association, Inc.; Donald Wildmon; Kerusso Ministries; Family Research Council v. City and County of San francisco; Leslie Katz (en)
Holding
  • Plaintiff's Establishment Clause claim was dismissed because Defendants' actions had a secular purpose, did not primary effect on inhibiting religion, and did not create excessive entanglement with religion. Plaintiff's free exercise claim was dismissed because Defendants' actions were neither regulatory nor proscriptive. Plaintiffs' hybrid free exercise/free speech claim was dismissed because Defendants' did not sanction or threaten to sanction Plaintiff's speech. (en)
has abstract
  • American Family Association v. City and County of San Francisco is a case in which the American Family Association (AFA) challenged the City and County of San Francisco's actions opposing an AFA sponsored advertisement campaign as a violation of the First Amendment to the United States Constitution. In 1998, a full-page advertisement regarding homosexuality and Christianity was placed in the San Francisco Chronicle as part of the nationwide "Truth in Love" campaign by several Christian right organizations. The advertisement stated, "God abhors any form of sexual sin," including homosexuality, and further stated that many people have walked out of homosexuality into sexual celibacy and marriage through the help of Jesus Christ. The advertisement was labeled by the City and County of San Francisco as "hateful rhetoric," which incites hate crimes. San Francisco officials discouraged local TV and radio stations from running Truth in Love advertisements. In October 1999, the AFA filed the suit against the City and County of San Francisco with support from Family Research Council and Virginia based Kerusso Ministries. The suit claims the City and County of San Francisco violated the First Amendment's Establishment Clause by expressing hostility towards a religion and violated the First Amendment's Free Speech and Free Exercise clauses by the City's attempt to prevent "Truth in Love" advertisements. In June 2000, Oakland District court ruled the Defendant's actions did not violate the First Amendment and stated the City and County of San Francisco was only doing its duty to address public safety by encouraging local media not to run the advertisements. The AFA appealed the decision and the United States District Court for the Northern District of California affirmed the District court ruling. The majority opinion was written by Michael Daly Hawkins and the dissenting/concurring opinion was written by John T. Noonan, Jr. (en)
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  • John T. Noonan, Jr., Michael Daly Hawkins, and A. Wallace Tashima (en)
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  • District Court dismissed Plaintiff's allegations (en)
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