Tag Archives: seventh circuit

The Most Important Question In The Michael Jordan First Amendment Case Was The One That Didn’t Get Asked

iStock_000015750550_Small By: Brian J. Meli

Last month, we looked at the Michael Jordan v. Jewel Food Stores Seventh Circuit appellate decision in some detail here. But there was more to this decision—a reversal of the district court’s finding that a tribute ad constituted fully protected First Amendment speech—than what was decided. The appeal had a favorable outcome for Jordan, who got the lower court’s decision tossed and his case remanded, and who will likely be compensated handsomely for his persistence. But did Jordan’s legal team miss an opportunity to double down on his chances for success and establish some important precedent in the process? Continue reading

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