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NATIONALIST MOVEMENT v. CITY OF CUMMING, GA.

No. 95-8870.

92 F.3d 1135 (1996)

The NATIONALIST MOVEMENT, a Mississippi non-profit corporation incorporated in Georgia, Plaintiff-Appellant, v. The CITY OF CUMMING, GEORGIA, Defendant-Appellee, Forsyth County, Georgia, Forsyth County Board of Education, Defendants.

United States Court of Appeals, Eleventh Circuit.

August 28, 1996.

Attorney(s) appearing for the Case

Richard Barrett, Office of Richard Barrett, Jackson, MS, for appellant.

Gordon Allen Smith, King & Spalding, Atlanta, GA, for appellee.

Before KRAVITCH and BIRCH, Circuit Judges, and SCHWARZER, Senior District Judge.

KRAVITCH, Circuit Judge:

The issue in this case is whether the City of Cumming's ordinance banning parades on Saturday mornings is a reasonable time, place, and manner restriction on speech. The Nationalist Movement brought suit under the First Amendment after the City invoked the ordinance to deny permission for the Movement to hold a Saturday morning parade. A prior panel of this court determined that the ordinance was content-neutral but remanded the case to the...

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