Architecture and the First Amendment Before the Supreme Court
In June, I wrote about Burns v. Town of Palm Beach. This case presented a perennial conflict at the intersection of property law and constitutional law: is architectural design protected by the First Amendment. A divided panel of the Eleventh Circuit rejected the claim that architectural design would be understood as protected speech.
Burns has now filed a cert petition. It prevents a recurring question in land-use litigation:
Did the Town of Palm Beach violate Burns’s First Amendment rights by denying his proposed home design based solely on aesthetics when the design met all objective zoning criteria?
The brief flagged exchanges from the Masterpiece Cakeshop oral arguments that I had forgotten about. Justices Alito and Br
Article from Reason.com