GLOBE NEWSPAPER CO. v. BEACON HILL ARCHITECTURAL

No. 94-1538.

100 F.3d 175 (1996)

GLOBE NEWSPAPER COMPANY, et al., Plaintiffs—Appellees, v. BEACON HILL ARCHITECTURAL COMMISSION, Defendant— Appellant.

United States Court of Appeals, First Circuit.

Decided November 12, 1996.


Attorney(s) appearing for the Case

John R. Devereaux, with whom Merita A. Hopkins and Gerald Fabiano, Boston, MA, were on brief, for defendant-appellant.

Edward N. Costikyan, Michael S. Gruen and David Nissenbaum, New York City, on brief, for The National League of Cities, The United States Conference of Mayors and The Municipal Art Society of New York, amici curiae.

James C. Heigham, with whom Choate, Hall & Stewart, Boston, MA, and Alice Neff Lucan, Washington, DC, were on brief, for plaintiffs-appellees.

Before TORRUELLA, Chief Judge, CUMMINGS and CYR, Circuit Judges.


TORRUELLA, Chief Judge.

We visit this controversy for the second time in as many years. See Globe Newspaper Co. v. Beacon Hill Architectural Comm'n, 40 F.3d 18 (1st Cir.1994). We are left to decide important issues that require a balancing between First Amendment rights and governmental interests.

Defendant-Appellant Beacon Hill Architectural Commission (the "Commission") enacted a regulation, the Street Furniture Guideline...

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