In a newly published Law360 article, Womble Carlyle litigator Josh Greenberg explains that both the five-Justice majority and the four-Justice dissent in Walker v. Texas Division, Sons of Confederate Veterans, Inc., 135 S. Ct. 2239 (2015), overlook the important fact that the messages at issue (statements and images on specialty license plates) were displayed on private property (privately owned motor vehicles). Greenberg argues that this fact provides a compelling reason for treating such messages as private speech rather than government speech, which would change the outcome of this significant First Amendment decision and be consistent with prior cases. 

Josh Greenberg has successfully represented companies and individuals in a diverse array of challenging cases in federal and state courts across the nation, ranging from trial courts in the District of Columbia and many states to the US Supreme Court. His practice focuses on white-collar criminal defense, complex civil litigation, and appeals.