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NEW JERSEY CITIZEN ACTION v. EDISON TP.

No. 85-5321.

797 F.2d 1250 (1986)

NEW JERSEY CITIZEN ACTION and the New Jersey League of Conservation Voters, Appellants, v. EDISON TOWNSHIP, Glen Ridge Township, Harrington Park Borough, North Arlington Borough, Town of Nutley, Paramus Borough, Piscataway Township, Roseland Borough, Woodbridge Township and Woodcliff Lake Borough. PARAMUS CITIZENS FOR A NUCLEAR WEAPONS FREEZE, Plaintiff Intervenor, v. PARAMUS BOROUGH, Defendant.

United States Court of Appeals, Third Circuit.

Decided August 5, 1986.

Rehearing and Rehearing Denied September 25, 1986.

Attorney(s) appearing for the Case

Frank Askin (argued), Eric Neisser, Constitutional Litigation Clinic, Rutgers Law School, Newark, N.J., for New Jersey Citizen Action and Paramus Citizens for a Nuclear Weapons Freeze, on behalf of the American Civil Liberties Union.

Timothy Haley, Gordon & Gordon, West Orange, N.J., for League of Conservation Voters; Thomas Asher, Washington, D.C., of counsel.

Phillip Lewis Paley (argued), Lionel J. Frank, Kirsten, Friedman & Cherin, P.C., Newark, N.J., for Tp. of Piscataway.

Lawrence P. Pollex, Edison, N.J., for Edison Tp.

James Randall Stevens, Westwood, N.J., for Woodcliff Lake.

Daniel P. Mecca, Paramus, N.J., for Borough of Paramus.

Arthur W. Burgess, Woodbridge, N.J., for Woodbridge Tp.

Edwin C. Eastwood, Jr., North Bergen, N.J., for Borough of North Arlington.

David Kairys, Kairys & Rudovsky, Philadelphia, Pa., for amici curiae — Pennsylvania Public Interest Coalition, Republican City Committee of Philadelphia, Americans for Democratic Action and Friends of Bob Edgar — for appellants.

Before WEIS and SLOVITER, Circuit Judges, and POLLACK, District Judge.

Rehearing and Rehearing In Banc Denied September 25, 1986.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

This appeal arises out of a suit brought under 42 U.S.C. § 1983 by three political action groups against ten New Jersey municipalities, alleging that the municipalities' ordinances regulating door-to-door canvassing and solicitation violated rights protected by the federal and New Jersey constitutions. The district court upheld the challenged...

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