Supreme Court rejects entrepreneur's First Amendment case that architecture is free speech

2022-03-25T10:34:00-04:00

The U.S. Supreme Court has refused to hear the case of a Florida entrepreneur who claimed that his First Amendment rights were violated when plans for his proposed mansion were rejected by officials in Palm Beach.

The case centered on telecommunications entrepreneur Donald Burns, who applied to authorities in Palm Beach in 2014 to demolish an existing 10,000-square-foot traditional oceanfront home to be replaced by a more contemporary 20,000-square-foot mansion. However, the plans were rejected by Palm Beach’s Architectural Review Commission who decided the proposal did not achieve “comprehensive cohesiveness” and was too radical a departure from surrounding properties.

Burns appealed the decision to the Eleventh Circuit Court of Appeals, arguing that the decision violated his First Amendment rights. The court ruled against Burns in a 2-1 decision, rejecting his argument that the design of the house constituted his own expressive conduct. “A reasonable observer would view Burns’ n...

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Supreme Court rejects entrepreneur's First Amendment case that architecture is free speech