WILL MCLEMORE; MCLEMORE AUCTION COMPANY, LLC; RON BRAJKOVICH; JUSTIN SMITH; BLAKE KIMBALL v. ROXANNA GUMUCIO, in her official capacity as Executive Director of the Tennessee Auctioneer Commission; JOHN LILLARD, in his official capacity as Assistant Director of the Tennessee Auctioneer Commission; JEFF MORRIS, Chair of the Tennessee Auctioneer Commission, in his official capacity; LARRY SIMS, member of the Tennessee Auctioneer Commission, in his official capacity; ED KNIGHT, Vice Chair of the Tennessee Auctioneer Commission, in his official capacity; DWAYNE ROGERS, member of the Tennessee Auctioneer Commission, in his official capacity; JAY WHITE, in his official capacity as a member of the Tennessee Auctioneer Commission - Articles

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WILL MCLEMORE; MCLEMORE AUCTION COMPANY, LLC; RON BRAJKOVICH; JUSTIN SMITH; BLAKE KIMBALL v. ROXANNA GUMUCIO, in her official capacity as Executive Director of the Tennessee Auctioneer Commission; JOHN LILLARD, in his official capacity as Assistant Director of the Tennessee Auctioneer Commission; JEFF MORRIS, Chair of the Tennessee Auctioneer Commission, in his official capacity; LARRY SIMS, member of the Tennessee Auctioneer Commission, in his official capacity; ED KNIGHT, Vice Chair of the Tennessee Auctioneer Commission, in his official capacity; DWAYNE ROGERS, member of the Tennessee Auctioneer Commission, in his official capacity; JAY WHITE, in his official capacity as a member of the Tennessee Auctioneer Commission

Posted by: Azya Thornton on Aug 12, 2025

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Wencong Fa, BEACON CENTER OF TENNESSEE, Nashville, Tennessee, for Appellants.

Attorneys 2: ARGUED: Gabriel Krimm, OFFICE OF THE TENNESSEE ATTORNEY GENERAL, Nashville, Tennessee, for Appellees.

Attorneys 3: ON BRIEF: Wencong Fa, Ben Stormes, BEACON CENTER OF TENNESSEE, Nashville, Tennessee, for Appellants.

Attorneys 4: ON BRIEF: Gabriel Krimm, OFFICE OF THE TENNESSEE ATTORNEY GENERAL, Nashville, Tennessee, for Appellees.

Attorneys 5: ON BRIEF: Thomas A. Berry, CATO INSTITUTE, Washington, D.C., Timothy Sandefur, GOLDWATER INSTITUTE, Phoenix, Arizona, for Amici Curiae.

Judge(s): CLAY, BUSH, and BLOOMEKATZ, Circuit Judges

Court Appealed: United States District Court for the Middle District of Tennessee at Nashville

CLAY, Circuit Judge. Plaintiffs, a group of auctioneering professionals in the state of Tennessee, appeal the district court’s dismissal of their First Amendment claim against the Tennessee Auctioneer Commission and its members under Rule 12(b)(6) of the Federal Rules of Civil Procedure. For the reasons set forth below, we AFFIRM.

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