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UNITED STATES v. SHIEL

No. 79-5140.

611 F.2d 526 (1979)

UNITED STATES of America, Appellee, v. John T. SHIEL, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided December 14, 1979.

Attorney(s) appearing for the Case

Sebastian K. D. Graber, Stetler & Townsend, Alexandria, Va., on brief, for appellant.

Frances M. Green, Sp. Asst. U. S. Atty., Alexandria, Va. (Justin W. Williams, U. S. Atty., Alexandria, Va., on brief), for appellee.

Before WINTER, RUSSELL and MURNAGHAN, Circuit Judges.

MURNAGHAN, Circuit Judge:

Appellant was a participant in a September 1, 1978 demonstration at the Pentagon opposing nuclear arms. The demonstrators gathered in the middle of "Concourse 10", an area similar to a public shopping mall. The Concourse is approximately forty feet wide and open to the public during daytime hours. It contains a bank, a post office and retail stores.

Without interference the demonstrators chanted and displayed placards, e. g.,<...

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