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JEANNETTE RANKIN BRIGADE v. CHIEF OF THE CAPITOL POLICE

No. 21566.

421 F.2d 1090 (1969)

JEANNETTE RANKIN BRIGADE et al., Appellants, v. CHIEF OF THE CAPITOL POLICE et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided June 20, 1969.

Attorney(s) appearing for the Case

Miss Harriet Van Tassel, Newark, N. J., with whom Messrs. Joseph Forer and William M. Kunstler, New York City, were on the brief, for appellants.

Mr. Alan S. Rosenthal, Attorney, Department of Justice, with whom Asst. Atty. Gen. Edwin L. Weisl, Jr., at the time the record was filed, Messrs. David G. Bress, U. S. Atty. at the time the record was filed, and Ralph A. Fine, Attorney, Department of Justice, were on the brief, for appellees. Messrs. Frank Q. Nebeker, Asst. U. S. Atty. at the time the record was filed, Joseph M. Hannon and Gil Zimmerman, Asst. U. S. Attys., and Morton Hollander, Attorney, Department of Justice, also entered appearances for appellees.

Messrs. Richard Shlakman and Lawrence Speiser, Washington, D. C., filed a brief on behalf of American Civil Liberties Union and National Capital Area Civil Liberties Defense and Education Fund, as amici curiae, urging reversal.

Before BAZELON, Chief Judge, FAHY, Senior Circuit Judge, and BURGER, Circuit Judge.

FAHY, Senior Circuit Judge:

The appellant Brigade was an ad hoc group of some 5000 ladies who, together with 58 plaintiffs as individuals, gathered in Washington January 15, 1968, the opening day of Congress, to march in a body from Union Station to the Capitol, and there to assemble across the East Front Plaza. This demonstration was to be in protest against the country's involvement in Vietnam. On January 2, 1968, the Chief of the Capitol Police, an appellee, had...

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