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AIELLO v. CITY OF WILMINGTON, DELAWARE

No. 79-1699.

623 F.2d 845 (1980)

Ronald J. AIELLO, Appellant, v. The CITY OF WILMINGTON, DELAWARE and Thomas C. Maloney, Individually and as Mayor of the City of Wilmington, Delaware; the Department of Public Safety of the City of Wilmington, Delaware and Norman Levine, Individually and as Commissioner of the Department of Public Safety of the City of Wilmington, Delaware; Wilmington Bureau of Fire and John J. Malloy, James P. Blackburn, Francis X. Malloy, Ralph F. DiOrio, Francis DiMichele and F. Thomas Savage, Individually and as officers of the Wilmington Bureau of Fire.

United States Court of Appeals, Third Circuit.

Decided May 1, 1980.

As Amended May 7, 1980.

Attorney(s) appearing for the Case

John S. Grady (argued), Bader, Dorsey & Kreshtool, Dover, Del., for appellant.

Jeffrey S. Goddess, City Sol., City of Wilmington Law Dept., Charles H. Toliver, IV (argued), Wilmington, Del., for appellees.

Before ADAMS, ROSENN and SLOVITER, Circuit Judges.

OPINION OF THE COURT

ROSENN, Circuit Judge.

This appeal presents for review the issue of the constitutionality of restrictions imposed on the conduct and speech of municipal firemen. Here a fireman challenges the validity under the first amendment of certain regulations of the Wilmington Fire Bureau. In addition, he presents us with the question whether a trial judge may restrict communication between an attorney and client during the period the client is...

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