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BERNER v. DELAHANTY

No. 96-2122.

129 F.3d 20 (1997)

Seth BERNER, Plaintiff, Appellant, v. Judge Thomas E. DELAHANTY, II, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided October 28, 1997.

Attorney(s) appearing for the Case

Seth Berner, pro se.

Peter J. Brann, Assistant Attorney General, Augusta, ME, with whom Andrew Ketterer, Attorney General, and Thomas D. Warren, State Solicitor, were on brief, for appellee.

Before SELYA, Circuit Judge, ALDRICH and CAMPBELL, Senior Circuit Judges.

SELYA, Circuit Judge.

Attorney Seth Berner claims that lawyers have an absolute right, protected by the First Amendment, to wear political buttons in the courtroom as long as the buttons do not disrupt judicial proceedings. We reject that proposition and affirm the district court's dismissal of Berner's action for declaratory and injunctive relief.

I. BACKGROUND

The facts, drawn from the plaintiff's verified complaint and construed in his favor,...

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