Miles v. City Council of Augusta, Georgia, 710 F.2d 1542 (11th Cir. 1983), is a United States federal court

United States federal courts

The United States federal courts make up the judiciary branch of federal government of the United States organized under the United States Constitution and laws of the federal government.-Categories:...

 case in which the court found that the exhibition of a talking cat

Cat

The cat , also known as the domestic cat or housecat to distinguish it from other felids and felines, is a small, usually furry, domesticated, carnivorous mammal that is valued by humans for its companionship and for its ability to hunt vermin and household pests...

 was an occupation for the purposes of municipal licensing law.

In May 1981, Carl and Elaine Miles, an otherwise unemployed couple, began exhibiting Blackie the Talking Cat on the streets of Augusta, Georgia

Augusta, Georgia

Augusta is a consolidated city in the U.S. state of Georgia, located along the Savannah River. As of the 2010 census, the Augusta–Richmond County population was 195,844 not counting the unconsolidated cities of Hephzibah and Blythe.Augusta is the principal city of the Augusta-Richmond County...

. Blackie would meow "I love you" or "I want my Mama" to passers-by, who would give small change to the Mileses. About a month later, police warned the couple that they risked jail time if they did not obtain a $50 business license. The Mileses purchased the license but sued the city in federal court on grounds that the city's licensing law was vague and too broad and violated their right to free speech and association

First Amendment to the United States Constitution

The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...

. Specifically, the plaintiffs complained that neither the city charter, which allowed the city council to require a license for any "occupation, trade or business," nor the license ordinance mentioned talking animals.

The Mileses lost the first round of the case in district court

United States district court

The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...

 in 1982. In his decision, the judge said:

In their brief, plaintiffs cite several definitions of the terms "occupation" and "business." The general import of these definitions is that one is engaged in an occupation or business when that work or activity occupies one's time or attention on a regular basis for profit or support. See United States v. King, 532 F.2d 505, 510 (5th Cir.1976); Southern Guaranty Insurance Company v. Duncan, 131 Ga.App. 761, 764, 206 S.E.2d 672 (1974). Inasmuch as the ordinance does not define "occupation" or "business", the common definition cited above applies. High Ol'Times, supra. Plaintiffs' activity, regardless of its peculiarity, falls within this definition. (551 F.Supp. 349 (S.D. Ga. 1982))

The following year, a three-judge panel of the United States Court of Appeals for the Eleventh Circuit

United States Court of Appeals for the Eleventh Circuit

The United States Court of Appeals for the Eleventh Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Middle District of Alabama...

 affirmed the lower-court decision, adding the following in a footnote:

This Court will not hear a claim that Blackie's right to free speech has been infringed. First, although Blackie arguably possesses a very unusual ability, he cannot be considered a "person" and is therefore not protected by the Bill of Rights. Second, even if Blackie had such a right, we see no need for appellants to assert his right jus tertii. Blackie can clearly speak for himself. (710 F.2d 1542)

West Publishing featured the case in its 1996 book Blackie the Talking Cat and Other Favorite Judicial Opinions.