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NATIONAL SOCIALIST WHITE PEOPLE'S PARTY v. RINGERS

No. 72-1737.

473 F.2d 1010 (1973)

NATIONAL SOCIALIST WHITE PEOPLE'S PARTY et al., Appellants, v. Joseph RINGERS, Jr., and Witcher N. Beverly, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided February 5, 1973.

Attorney(s) appearing for the Case

James H. Cohen, Washington, D. C. (James R. McCotter, Washington, D. C., and Philip J. Hirschkop, Northern Virginia Civil Liberties Union, Alexandria, Va., and Ralph J. Temple, Washington, D. C., ACLU Fund of the National Capital Area, on brief), for appellants.

Gregory U. Evans, Arlington, Va. (James H. Simmonds, Arlington, Va., on brief), for appellees.

Before HAYNSWORTH, Chief Judge, and WINTER, CRAVEN, BUTZNER, RUSSELL, FIELD and WIDENER, Circuit Judges, sitting in banc.

WINTER, Circuit Judge.

The National Socialist White People's Party (the Party) appeals from the district court's order dismissing its suit to compel the Arlington County School Board (the Board) to permit the Party to use Yorktown High School's auditorium for a meeting to be held during non-school hours. The district court premised its ruling on two grounds: (1) the Board properly denied the Party's requests because the meeting would likely result in violence and...

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