HUNTER v. ALLEN

No. 26570.

422 F.2d 1158 (1970)

Rev. Robert HUNTER, Rev. Elroy Embry, James Gibson, Southern Christian Leadership Conference, Inc., Henry Bass, the Atlanta Workshop in Nonviolence, and all others similarly situated, Plaintiffs-Appellants, v. Ivan ALLEN, Jr., Mayor of the City of Atlanta, Georgia; Herbert T. Jenkins, Police Chief of the City of Atlanta, Georgia; and J. R. Shattles, Police Officer of the City of Atlanta, Georgia, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied and Rehearing Denied April 14, 1970.


Attorney(s) appearing for the Case

Howard oore, Jr., Peter E. Rindskopf, Atlanta, Ga., for appellants.

Henry L. Bowden, Martin McFarland, Atlanta, Ga., for appellees.

Before COLEMAN and GODBOLD, Circuit Judges, and SCOTT, District Judge.


Rehearing Denied and Rehearing En Banc Denied April 14, 1970.

GODBOLD, Circuit Judge:**

This appeal is another round in a series of challenges in federal court on First Amendment grounds to the facial validity of the Atlanta disorderly conduct ordinance. In the first case the ordinance as then written was held unconstitutionally overbroad. Carmichael v. Allen, 267 F.Supp. 985, 997-999 (N.D...

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