Simpson Thacher and ACLU of Mississippi Secure Win Following Trial in First Amendment Case Regarding Permitting Policies In Oxford, Mississippi
11.04.24
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On September 30, 2024, Simpson Thacher and the American Civil Liberties Union (ACLU) of Mississippi secured a significant win in Rash v. Lafayette County, when the Court ruled that a curfew in Lafayette County, Mississippi’s permitting policy, “…is an unconstitutional restriction on speech under the First Amendment,” and that “the loss of First Amendment rights constitutes irreparable injury justifying the grant of a permanent injunction.” Filed in July 2020 on behalf of documentary filmmaker, photographer, visual artist and educator, John Rash, against Lafayette County, Mississippi, the lawsuit sought to vindicate Mr. Rash’s First Amendment right to freedom of speech and to invalidate Lafayette County’s unconstitutional policies that govern the use of the Lafayette County Courthouse grounds, and the neighboring confederate monument. Mr. Rash sought to hold a community art event that would project images onto the walls of the Courthouse at night. Lafayette County denied his permit after enacting a curfew closing the grounds entirely from 30 minutes before dusk till dawn. The County enacted this and many other restrictions during the summer of 2020 in response to protests that erupted across the country including in Oxford and Lafayette County after the murder of George Floyd.
The Simpson Thacher team included Jonathan Youngwood, Janet Gochman, and Alison Draikiwicz. Isaac Rethy also played a critical role over the course of this case.