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HENDERSON v. LUJAN

No. 91-5258.

964 F.2d 1179 (1992)

David HENDERSON v. Manuel LUJAN, Jr., Secretary of the United States Department of Interior, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided May 22, 1992.

As Amended May 22, 1992.

Attorney(s) appearing for the Case

John D. Bates, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., R. Craig Lawrence, and John C. Cleary, Asst. U.S. Attys., were on the brief, for appellants.

James Matthew Henderson, Sr. for appellee.

Arthur B. Spitzer and Elizabeth Symonds, were on the brief for amicus curiae, American Civil Liberties Union and American Veterans Committee, urging that the decision of the District Court be affirmed.

Before: SILBERMAN, WILLIAMS and SENTELLE, Circuit Judges.

Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.

Separate concurring opinion filed by Circuit Judge STEPHEN F. WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

Appellee David Henderson is a Christian evangelist who distributes free religious literature in public places. He attempted to distribute his leaflets on January 21, 1991 and May 16, 1991 on city sidewalks near the Vietnam Veterans Memorial wall. The sidewalks he chose —...

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