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U.S. v. DOE

No. 91-3111.

968 F.2d 86 (1992)

UNITED STATES of America, Appellee, v. Jane DOE, a/k/a Diane Nomad, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 30, 1992.

Attorney(s) appearing for the Case

Michael C. Wallace, Sr., Asst. Federal Public Defender, with whom A.J. Kramer, Federal Public Defender, was on the brief, for appellant.

Arthur B. Spitzer, with whom Elizabeth Symonds was on the brief, for amicus curiae urging that the Court reverse appellant's conviction.

Mary-Patrice Brown, Asst. U.S. Atty., for appellee. Jay B. Stephens, U.S. Atty., John R. Fisher, Brian M. Murtagh, and Elizabeth H. Danello, Asst. U.S. Attys., were on the brief, for appellee.

Before WALD, EDWARDS and WILLIAMS, Circuit Judges.

Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

While beating a drum as part of a political protest in Lafayette Park across the street from the White House, Diane Nomad violated a federal regulation which prohibits playing a musical instrument at a higher than prescribed decibel level in a national park. In this appeal Nomad challenges the constitutionality of that regulation on the ground that it impermissibly restricts her First...

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