FINZER v. BARRY

No. 84-5327.

798 F.2d 1450 (1986)

R. David FINZER, Father, et al., Appellants, v. Marion S. BARRY, Jr., Mayor, District of Columbia, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided August 19, 1986.

As Amended September 9, 1986.


Attorney(s) appearing for the Case

Raymond D. Battocchi, with whom Alfred F. Belcoure, James A. Bensfield and Steven F. Korostoff, Washington, D.C., were on brief, for appellants.

William J. Earl, Asst. Corp. Counsel for Dist. of Col., with whom John H. Suda, Principal Deputy Corp. Counsel for Dist. of Col. and Charles L. Reischel, Deputy Corp. Counsel for Dist. of Col., Washington, D.C., were on brief, for appellees.

R. Craig Lawrence, Asst. U.S. Atty., with whom Joseph E. diGenova, U.S. Atty., and Royce C. Lamberth, Asst. U.S. Atty., were on brief, for U.S., Washington, D.C., amicus curiae urging affirmance.

Before WALD, Chief Judge, BORK, Circuit Judge, and DAVIS, Circuit Judge, United States Court of Appeals for the Federal Circuit.


Opinion for the Court filed by Circuit Judge BORK.

Dissenting opinion filed by Chief Judge WALD.

BORK, Circuit Judge:

Appellants are individuals who wish to carry placards opposing the policies of the Soviet and Nicaraguan governments in front of those governments' embassies, located within the District of Columbia. In the absence of a permit, such protests are barred by D.C.Code § 22-1115 (1981). That same statute authorizes police to disperse...

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