McMahon v. Fenves, No. 18-50710 (5th Cir. 2020)
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In these consolidated cases, plaintiffs challenged the removal or relocation of Confederate monuments from a San Antonio park and on the University of Texas's Austin campus. The district courts dismissed plaintiffs' First Amendment claims for lack of standing and then declined to exercise supplemental jurisdiction over their state-law claims.
The Fifth Circuit affirmed the district court's judgment, holding that plaintiffs have not alleged a particularized injury and therefore lack standing to bring their First Amendment claims. In this case, what plaintiffs seek was only to vindicate their own value preferences, not to redress a First Amendment injury particular to them.
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