"What you're going to see here is that the city's gonna have to present evidence why it can't allow this,” says John Whitehead of the Rutherford Institute. “The answer is prove a clear and present danger why Kessler can't exercise his First Amendment right and the police, in my opinion, probably before the court will have to demonstrate why they can't protect these demonstrating."
Elmer Woodard is representing Kessler in this legal matter. Woodard has represented a number of white supremacists including the so-called "Crying Nazi" Christopher Cantwell.
Kessler had no comment to make on Wednesday, Mach 7, and his attorney hasn't returned a message.
The city isn't commenting on the lawsuit either, and City Councilors are also quiet likely because last time some of their comments were used against them during a federal court hearing the day before the rally.
Jason Kessler Files Lawsuit Against CharlottesvilleMore>>