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CONCERNED JEWISH YOUTH v. McGUIRE

No. 228, Docket 79-7456.

621 F.2d 471 (1980)

CONCERNED JEWISH YOUTH, Plaintiff-Appellant, v. Robert J. McGUIRE, in his official capacity as Police Commissioner of the City of New York, Edward Koch, in his official capacity as Mayor of the City of New York, and the New York City Police Department, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 27, 1980.

Attorney(s) appearing for the Case

Howard C. Buschman III, New York City (Willkie, Farr & Gallagher, John M. McEnany, Jeanne M. Luboja, New York City, of counsel), for plaintiff-appellant.

Pamela McGovern Gaskins, New York City (Allen G. Schwartz, Corp. Counsel of the City of New York, L. Kevin Sheridan, New York City, of counsel), for defendants-appellees.

Robert B. Fiske, Jr., U. S. Atty., S. D. N. Y., New York City, Katherine J. Trager, Jane E. Bloom, Michael H. Dolinger, Asst. U. S. Attys., New York City, of counsel, on amicus curiae brief for the U. S.

Before WATERMAN, MOORE and MANSFIELD, Circuit Judges.

MOORE, Circuit Judge:

This appeal raises interesting questions of the extent to which the First Amendment rights of demonstrators may be subjugated to an overriding governmental interest. Appellant Concerned Jewish Youth ("CJY") sought a declaration under 42 U.S.C. § 1983 (1976) that restrictions applied to its demonstrations in front of the Russian Mission in New York City violated the First and Fourteenth Amendments. CJY also sought an order preliminarily enjoining...

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