Dunlap Bennett & Ludwig Scores Huge Win in First Amendment Rights Case

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Dunlap Bennett & Ludwig prevails in a win for the Republican Party of Virginia before the U.S. Court of Appeals for the Fourth Circuit.

By affirming the lower court’s decision, the Fourth Circuit has implicitly upheld the First Amendment rights of the Republican Party—and in fact, all political parties.”
— Cortland Putbrese

RICHMOND, VIRGINIA, UNITED STATES, December 19, 2018 /EINPresswire.com/ -- Dunlap Bennett & Ludwig, a leading corporate and intellectual property law firm with law offices across the U.S., Puerto Rico, London, Toronto, and China, announces a significant victory in the U.S. Court of Appeals for the Fourth Circuit for the statewide Republican Party of Virginia. Dunlap Bennett & Ludwig has been defending the Republican Party of Virginia (RPV) and the Frederick County Republican Committee (FCRC) in a lawsuit filed against them by plaintiffs Jay Marts and Dana Newcomb.

Mr. Marts and Mr. Newcomb are two former Republican Party members who lost their Party membership due to their public advocacy against the GOP’s nominees. The plaintiffs filed suit in the U.S. District Court for the Western District of Virginia, alleging that the Republican Party’s membership requirements violated their constitutional rights. The district court dismissed the case because political parties are not government entities and the Republican Party’s management of its own internal affairs did not constitute actionable government conduct, but instead was an exercise of the GOP’s own fundamental right to freedom of association. Because the Republican Party’s actions were not government conduct, but instead were private activities protected by the First Amendment, the district court found that Mr. Marts and Mr. Newcomb had not properly alleged a constitutional violation.

The plaintiffs then appealed to the U.S. Court of Appeals for the Fourth Circuit, claiming that the district court erred in dismissing their suit. The Fourth Circuit disagreed and ruled in favor of the Republican Party. "This is an important win. By affirming the lower court’s decision, the Fourth Circuit has implicitly upheld the First Amendment rights of the Republican Party—and in fact, all political parties—to manage their own internal affairs,” stated Cortland Putbrese, the lead partner on this case. In addition to Mr. Putbrese, DBL lawyers Kevin Streit and Erick Poorbaugh assisted on this matter.

DUNLAP BENNETT & LUDWIG, PLLC
Dunlap Bennett & Ludwig is a leading comprehensive legal advisor to national and global businesses, entrepreneurs, and executives and their families with 16 offices nationwide, as well as Toronto, London and China. DBL was founded by US Army veterans and has over 70 attorneys licensed to practice in over 40 states. Dunlap Bennett & Ludwig has been recognized as one of the top intellectual property law firms by IP Watchdog. For more info visit:  www.DBLLawyers.com.

Rusty Foster
Bow Tie Strategies
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