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FRIENDS OF THE VIETNAM VETERANS MEMORIAL v. KENNEDY

No. 95-5393.

116 F.3d 495 (1997)

FRIENDS OF THE VIETNAM VETERANS MEMORIAL, et al., Appellees, v. Roger G. KENNEDY, Director, National Park Service, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided June 6, 1997.

Attorney(s) appearing for the Case

Marina Utgoff-Braswell, Assistant United States Attorney, Washington, DC, argued the cause for appellants, with whom Eric H. Holder, Jr., United States Attorney, and R. Craig Lawrence, Assistant United States Attorney, were on the briefs.

David M. Liberman, Los Angeles, CA, argued the cause for appellees, with whom Alexander P. Humphrey, McLean, VA, was on the brief.

Arthur B. Spitzer, Washington, DC, was on the brief for amicus curiae American Civil Liberties Union of the National Capital Area.

Before SILBERMAN, RANDOLPH, and ROGERS, Circuit Judges.

Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

The National Park Service prohibits the sale of a number of items, among them t-shirts, on the National Mall. Friends of the Vietnam Veterans Memorial challenged that prohibition as a violation of the First Amendment and prevailed in the district court. We reverse.

I.

The Mall is an approximately two-mile long strip of national parkland situated in the midst...

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