First Amendment arguments rejected in mansion fight – Florida Politics
A lot of people want to make statements with their homes.
But a sharply divided federal appeals court Tuesday rejected arguments that a property owners First Amendment rights were violated when plans for a mansion were rejected in tony Palm Beach.
The 2-1 decision by a panel of the 11th U.S. Circuit Court of Appeals stemmed from a 2013 decision by longtime Palm Beach resident Donald Burns to tear down a 10,063 square-foot oceanfront home and replace it with a larger mansion with a mid-century modern design, according to the ruling.
According to Burns, the mid-century modern design communicated that the new home was clean, fresh, independent, and modern a reflection of his evolved philosophy of simplicity in lifestyle and living with an emphasis on fewer personal possessions, the rulingsaid. It also communicated Burns message that he was unique and different from his neighbors.
But Palm Beachs architectural review commission rejected the plan in 2016, spurring Burns to take the dispute to federal court. He argued, in part, that the rejection violated his First Amendment rights.
A federal district judge sided with the town, prompting Burns to go to the Atlanta-based appeals court. And in a 70-page majority opinion and a 66-page dissent, appellate judges Tuesday sparred about Burns claims and First Amendment issues ranging from tattoos to Jeffersons Monticello home.
Judge Robert Luck, in a majority opinion shared by Judge Ed Carnes, wrote that the proposed mansion was not expressive conduct protected by the First Amendment and pointed to issues such as a wall and landscaping that would have blocked the home from public view.
One day, we may even find some residential architecture to be expressive conduct, Luck wrote. But Burns proposed new mansion is not Monticello or Versailles, no matter how much the dissenting opinion wants to compare it to those historic homes. Its just a really big beachfront house that cant be seen, located on a quiet residential street in Palm Beach, Florida.
But dissenting Judge Stanley Marcus referred to numerous famous architectural sites and drew contrasts with court precedents about protecting the First Amendment.
As I see it, the majoritys resolution of this case cannot easily be squared with well-settled law recognizing the First Amendments protection of artistic expression in all of its forms, Marcus wrote. An analysis of this kind would yield the odd conclusion that a tourists drunkenly obtained tattoo is art protected by the First Amendment, while Philip Johnsons Glass House is not; coin-operated devices by virtue of which a customer could sit in a booth, insert a coin and . . . watch a live dancer, usually nude, are protected, Monticello is not; anodyne elevator music is protected, the Empire State Building is not. These distinctions seem to me to be indefensible.
That statement drew a retort from Luck.
To dispel any lingering confusion, we emphasize again that we are not deciding whether residential architecture can ever be expressive conduct protected by the First Amendment, Luck wrote. We have not decided, as the dissenting opinion says, that Philip Johnsons Glass House isnt expressive conduct but tattooing is; we have not decided that Jeffersons Monticello isnt protected under the First Amendment but nude dancing is; and we have not decided that the Empire State Building doesnt meet (a test in a U.S. Supreme Court case known as Texas v. Johnson) but elevator music does. Not at all.
Marcus also asserted that the architectural review commission hated the proposed design of the mansion.
The question in this case is whether a government commission created by the Town of Palm Beach with the Orwellian moniker ARCOM may prevent Burns from expressing his philosophy and taste through the architecture of his home and create a work of art on land he owns solely because a majority of the members of the commission do not like the way it looks, Marcus wrote.
That also drew a retort from Luck in a footnote.
The dissenting opinion uses the name ARCOM for the architectural review commission and then calls the name it uses Orwellian, the footnote said. If by Orwellian the dissenting opinion means any government agency that administers regulations impacting our lives, then the architectural review commission is as Orwellian as the state board of therapeutic massage, the local dog catcher and every one of the alphabet soup of departments and agencies and bureaus in Washington, D.C.
The Palm Beach Daily News, citing a deed,reported in Octoberthat Burns, a telecommunications entrepreneur, sold his home for $28 million. That came six months after the appeals court heard arguments in the case, and Tuesdays ruling did not address a sale of the property.
___
Republished with permission from News Service of Florida.
Post Views: 418
Read more:
First Amendment arguments rejected in mansion fight - Florida Politics
- EDITORIAL: Misusing the First Amendment Will Catch Up With Us - Adventist Today - November 1st, 2026 [November 1st, 2026]
- Judge Throws Out Trump's Epstein Lawsuit Against Wall Street Journal in Brutal First Amendment Rebuke - MeidasTouch News - November 1st, 2026 [November 1st, 2026]
- Execution secrecy tests the public's First Amendment rights - USA Today - November 1st, 2026 [November 1st, 2026]
- OPINION: Is the First Amendment limited by faith? - Moscow-Pullman Daily News - November 1st, 2026 [November 1st, 2026]
- Conservative political activist Riley Gaines slammed LeBron for weaponizing the First Amendment to disrespect the flag - Basketball Network - November 1st, 2026 [November 1st, 2026]
- 'Read the First Amendment!' Joe Scarborough starts shouting as GOP 'shreds' Constitution - Raw Story - November 1st, 2026 [November 1st, 2026]
- Ninth Circuit Holds that Californias Captive-Audience Ban Violates the First Amendment - Littler Mendelson P.C. - October 30th, 2026 [October 30th, 2026]
- Watchdog accuses Texas State of 'egregious' First Amendment breach over paid advertisement - San Antonio Current - October 30th, 2026 [October 30th, 2026]
- From Armbands to T-Shirts: Student Speech and the First Amendment - The National Constitution Center - October 30th, 2026 [October 30th, 2026]
- CNN, MS NOW and Politico Ask Court To Make Trump Access Order Permanent - First Amendment Watch - October 30th, 2026 [October 30th, 2026]
- OUR VIEW: The First Amendment keeps you out of jail. It doesnt keep you employed. - Herald-Zeitung - October 30th, 2026 [October 30th, 2026]
- Federal judge hears argument from FIU students involved in alleged racist group chat who say their First Amendment rights were violated - WSVN - October 30th, 2026 [October 30th, 2026]
- 'Have these people READ the First Amendment?' REACTION to GOP leaning into Islamophobic attacks - Modern Ghana - October 30th, 2026 [October 30th, 2026]
- Editorial: A frantic GOP attacks the First Amendment and the truth - Orlando Sentinel - October 24th, 2026 [October 24th, 2026]
- Tom Costello on the First Amendment and the Future of Free Speech - NBCU Academy - October 24th, 2026 [October 24th, 2026]
- To Chill or Not to Chill: The First Amendment Beyond the Presidents Press Room - JURIST News - October 24th, 2026 [October 24th, 2026]
- UMD Athletics agrees to First Amendment training after student journalists questioned by police - The Baltimore Banner - October 24th, 2026 [October 24th, 2026]
- Judge Orders Trump To Sit for a Deposition in His Defamation Lawsuit Against the BBC by Dec. 11 - First Amendment Watch - October 24th, 2026 [October 24th, 2026]
- Florida GOP lawsuit to censor TV stations fails Sunshine State and First Amendment - Freedom of the Press Foundation - October 24th, 2026 [October 24th, 2026]
- A Trump Appointee Says the President Likely Violated the First Amendment by Banishing Disfavored Journalists (opinion) - Yahoo - October 17th, 2026 [October 17th, 2026]
- Journal of Free Speech Law: "How Matal v. Tam Became a First Amendment Case: The Record and the Reality" by Simon Tam - Reason Magazine - October 17th, 2026 [October 17th, 2026]
- Judge blocks Trump's White House ban targeting CNN, MS NOW and Politico, saying it likely violated First Amendment - CBS News - October 17th, 2026 [October 17th, 2026]
- The Future of the First Amendment: Young Adults - Ipsos - October 17th, 2026 [October 17th, 2026]
- The Future of the First Amendment: Young Adults - Knight Foundation - October 17th, 2026 [October 17th, 2026]
- Litigators of the Week: A First Amendment Win for CNN, Politico and MS NOW Against White House Press Ban - Law.com - October 17th, 2026 [October 17th, 2026]
- BBC Asks Judge To Force Trump To Sit for Deposition in His Own Lawsuit Against the Channel - First Amendment Watch - October 17th, 2026 [October 17th, 2026]
- Penn Carey Law hosts discussion on DEI and First Amendment after closing equity office - Campus Reform - October 17th, 2026 [October 17th, 2026]
- Broward Teachers Union president alleges First Amendment violation after meeting removal - WPLG Local 10 - October 17th, 2026 [October 17th, 2026]
- Judge prohibited First Amendment defense in trial over naked Shrek image - Axios - October 17th, 2026 [October 17th, 2026]
- Judge: Trump likely violated First Amendment by banning new outlets from White House - Straight Arrow - October 17th, 2026 [October 17th, 2026]
- A Trump appointee says the president likely violated the First Amendment by banishing disfavored journalists - Reason Magazine - October 17th, 2026 [October 17th, 2026]
- Ousted Publisher Says Hegseths Pentagon Ordered Him To Fire Journalists, Made Clear You Have No First Amendment Rights - Mediaite - October 4th, 2026 [October 4th, 2026]
- Letter to the Editor: Trump continues his assaults on the First Amendment - Chico Enterprise-Record - October 4th, 2026 [October 4th, 2026]
- LETTER: Trump and the First Amendment - Las Vegas Review-Journal - October 4th, 2026 [October 4th, 2026]
- The First Amendment at the stadium gate: Who controls speech on a public stage? - Daily Journal - October 4th, 2026 [October 4th, 2026]
- The Trump White House Keeps Treating the First Amendment as More of a Suggestion - Balls and Strikes - October 4th, 2026 [October 4th, 2026]
- OPINION: The First Amendment belongs to all of us - DerbyInformer.com - October 4th, 2026 [October 4th, 2026]
- Why the First Amendment is first - The Tryon Daily Bulletin - October 4th, 2026 [October 4th, 2026]
- An attorney with ties to North Dakota is leading a high-stakes First Amendment battle against Trump - kvrr.com - October 4th, 2026 [October 4th, 2026]
- Ousted Publisher Says Hegseth's Pentagon Ordered Him To Fire Journalists, Made Clear 'You Have No First Amendment Rights' - yahoo.com - October 4th, 2026 [October 4th, 2026]
- Man sues Kingsport, police over 2022 arrest, claims First Amendment rights violation - WJHL - September 24th, 2026 [September 24th, 2026]
- Editorial: Trumps news outlet ban stands in opposition to the First Amendment - The Virginian-Pilot - September 24th, 2026 [September 24th, 2026]
- What is the First Amendment and why did 3 news outlets sue Trump? - nbcmiami.com - September 24th, 2026 [September 24th, 2026]
- Dont you just love the First Amendment! - - Smoky Mountain News - September 24th, 2026 [September 24th, 2026]
- Restoring Judicial Review Under the Freedom of Information Act - | Knight First Amendment Institute - September 24th, 2026 [September 24th, 2026]
- CNN, Politico, MS NOW Sue Trump Administration Over White House Access: First Amendment Analysis - Freedom Forum - September 24th, 2026 [September 24th, 2026]
- 251. Newsgathering, the First Amendment, and the White House - One First | Steve Vladeck | Substack - September 24th, 2026 [September 24th, 2026]
- 5 Ways DHS Agents Intimidated Americans Using Their First Amendment Rights - Common Cause - September 24th, 2026 [September 24th, 2026]
- CNN, MS NOW, Politico Sue Over Denied White House Access, Citing First Amendment - WTTW News - September 24th, 2026 [September 24th, 2026]
- Does the presidents White House media ban violate the First Amendment? Lawyer explains - WATE 6 On Your Side - September 24th, 2026 [September 24th, 2026]
- UWEC Professor teaches about first amendment law amid media outlet ban from White House - WEAU - September 24th, 2026 [September 24th, 2026]
- A record number of Americans think the First Amendment goes too far - WAMU - September 24th, 2026 [September 24th, 2026]
- United States: CNN, MS NOW, and Politico file First Amendment lawsuit over White House access ban - ipi.media - September 24th, 2026 [September 24th, 2026]
- Californias Addictive Feeds Law Violates Teens First Amendment Rights - eff.org - September 24th, 2026 [September 24th, 2026]
- On Constitution Day, is the US fumbling the First Amendment? - nmsuroundup.com - September 24th, 2026 [September 24th, 2026]
- Trump has not beaten the First Amendment, try as he might - The Seattle Times - September 24th, 2026 [September 24th, 2026]
- EDITORIAL: President Violates the First Amendment, Mainstream Publications Get a Taste of What the Black Press Has Long Experienced Exclusion - The... - September 24th, 2026 [September 24th, 2026]
- Student journalist sues University of Texas at Dallas for First Amendment violations - Dallas Observer - September 24th, 2026 [September 24th, 2026]
- Detroit Free Press. . First amendment reporter BrieAnna Frank explains how President Trumps ban on several news outlets from the White House will test... - September 24th, 2026 [September 24th, 2026]
- Opinion | Trumps attacks on the First Amendment go well beyond just freedom of the press - ms.now - September 24th, 2026 [September 24th, 2026]
- The Wolf Came As A Wolf: Trump and the First Amendment - Civil Discourse with Joyce Vance - September 24th, 2026 [September 24th, 2026]
- The First Amendment gives Americans a superpower: Petitioning the government to right wrongs - The Seattle Times - September 13th, 2026 [September 13th, 2026]
- The war on terror weakened the first amendment. Now we desperately need it | Jameel Jaffer - The Guardian - September 13th, 2026 [September 13th, 2026]
- CBS Argues First Amendment Protections in Bid to Dismiss Matlock Writer Lawsuit Over Allegedly Racist Comments - The Hollywood Reporter - September 13th, 2026 [September 13th, 2026]
- Kentucky leads 14-state coalition to SCOTUS on First Amendment rights - Eyewitness News (WEHT/WTVW) - September 13th, 2026 [September 13th, 2026]
- The First at 250: A Conversation on the First Amendment - Knight Foundation - September 13th, 2026 [September 13th, 2026]
- The Forever War and the First Amendment, Thu, Sep 10, 2026, 9am - 5pm - Community Calendar - ABC7 New York - September 13th, 2026 [September 13th, 2026]
- Kid Cudi Says First Amendment Protected Firing M.I.A. From Tour, Wants $2.8 Million Lawsuit Tossed - Law Commentary - September 13th, 2026 [September 13th, 2026]
- Police have dual role in protecting public and First Amendment rights | Op-Ed - The Seattle Times - September 13th, 2026 [September 13th, 2026]
- Democrats obliterated the First Amendment right to assembly: RFK Jr - Yahoo - September 13th, 2026 [September 13th, 2026]
- Trump Cant Call Ballots Mail and Escape the First Amendment - Jurist.org - September 8th, 2026 [September 8th, 2026]
- Judge Refuses To Block Pentagon From Firing Stars and Stripes Staffers Over CBS Interview - First Amendment Watch - September 8th, 2026 [September 8th, 2026]
- Uniform doesnt come with First Amendment waiver - oleantimesherald.com - September 8th, 2026 [September 8th, 2026]
- UW to pay $600,000 to professor after losing First Amendment fight over his parody land acknowledgment - Alaska Story - September 8th, 2026 [September 8th, 2026]
- First Amendment auditor convicted of trespassing at Conn. officers home - Police1 - September 8th, 2026 [September 8th, 2026]
- Labor Day: Brought to You by the First Amendment - Freedom Forum - September 8th, 2026 [September 8th, 2026]
- At FIU stop, DeSantis discusses First Amendment rights in wake of federal judge ruling in favor of anti-ICE protesters - WSVN - August 27th, 2026 [August 27th, 2026]
- Commentary: The First Amendment is more than the right to speak - Lake Oswego Review - August 27th, 2026 [August 27th, 2026]
- Trumps Unholy War on the First Amendment - Progressive.org - August 27th, 2026 [August 27th, 2026]
- Stars and Stripes staffers sue Pentagon over firings alleging First Amendment violations - The Independent - August 27th, 2026 [August 27th, 2026]