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U.S. v. KOKINDA

No. 87-5107.

866 F.2d 699 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Marsha B. KOKINDA and Kevin E. Pearl, Defendants-Appellants, Christian Advocates Serving Evangelism; Project for Public Spaces, Inc., Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided January 31, 1989.

Rehearing and Rehearing Denied April 14, 1989.

Attorney(s) appearing for the Case

Jay Alan Sekulow (Mary W. Ebel, on brief), for appellants.

Hollis Raphael Weisman, Asst. U.S. Atty. (Breckinridge L. Willcox, U.S. Atty., Washington, D.C., on brief), for appellee.

(R. David Pembroke, Baltimore, Md., David Sondheimer, on brief) for amici curiae.

Before WIDENER, MURNAGHAN and WILKINSON, Circuit Judges.

Rehearing and Rehearing In Banc Denied April 14, 1989.

WILKINSON, Circuit Judge:

Marsha Kokinda and Kevin Pearl appeal their convictions for soliciting contributions on the sidewalk in front of the Bowie, Maryland post office in violation of postal service regulation 39 C.F.R. § 232.1(h) (1986). Because we believe that the post office sidewalk constitutes a public forum and that the postal regulation is neither a reasonable manner restriction nor narrowly...

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