UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT

August Term 2022

(Argued: January 27, 2023 Decided: August 18, 2023)

No. 21-2904

––––––––––––––––––––––––––––––––––––

SAMUEL KERSON

Plaintiff-Appellant,

-v.-

VERMONT LAW SCHOOL, INC.

Defendant-Appellee.

–––––––––––––––––––––––––––––––––––– Before: LIVINGSTON, Chief Judge, CABRANES, Circuit Judge, and KOVNER, District Judge. *

Plaintiff-Appellant Samuel Kerson painted two large murals directly onto the walls inside a building on the campus of Defendant-Appellee Vermont Law School, Inc. The work stirred controversy, which eventually prompted the law school to erect a wall of acoustic panels around the murals to permanently conceal them from public view. Kerson brought suit