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ASQUITH v. CITY OF BEAUFORT

Nos. 95-2956 to 95-2958.

139 F.3d 408 (1998)

John M. ASQUITH; Ricky L. Knowles; Billy D. Randall; Wayne H. Williamson; J. Blake Lindsey; Jeff Attlessey; John Doe; Mary Roe, and others similarly situated, Plaintiffs-Appellees, v. CITY OF BEAUFORT; Colonel Jesse Altman, Jr., Chief of Police; Jefferson Dowling, Captain; Michael Lee, Sergeant; John Doe, and other unnamed police officers; David Taub, Mayor; Dr. Charles A. Bush; Edie Rogers; Donnie Beer; Fred S. Washington, Jr., Members of the City Council; Dean Hunter, Beaufort City Manager, in their official capacities; William Rhett; Nancy Rhett; Roger Karr; Neil B. Lipsitz, in their individual capacities, Defendants-Appellants. American Alliance for Rights and Responsibilities, Amicus Curiae. George DAUGHETY; Richard Simpson; Calvary Baptist Church, Plaintiffs-Appellees, v. CITY OF BEAUFORT; David Taub, Mayor; Dr. Charles A. Bush; Colonel Jesse Altman, Jr., Chief of Police; Edie Rogers; Donnie Beer; Fred S. Washington, Jr., Members of the City Council; Dean Hunter, Beaufort City Manager, Defendants-Appellants. American Alliance for Rights and Responsibilities, Amicus Curiae. William Bradley LINDSEY, through his Guardian ad Litem Jeffery Blake Lindsey, Plaintiffs-Appellees, v. CITY OF BEAUFORT; William R. Neal, Chief of Police; Jefferson Dowling, Captain; Brad Payne, Officer; Unnamed Police Officers; David Taub, Mayor; Dr. Charles A. Bush; Edie Rodgers; Donnie Beer; Fred S. Washington, Jr., Members of the City Council; Dean Hunter, Beaufort City Manager, all in their official capacities, Defendants-Appellants. American Alliance for Rights and Responsibilites, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided March 19, 1998.

Attorney(s) appearing for the Case

ARGUED: William Brantley Harvey, III, Harvey & Battey, P.A., Beaufort, SC, for Appellants. Robert Franklin Hoyt, Wilmer, Cutler & Pickering, Washington, DC, for Amicus Curiae. Gregory Scott Baylor, Center for Law And Religious Freedom, Annandale, VA, for Appellees. ON BRIEF: Andrew N. Vollmer, Wilmer, Cutler & Pickering, Washington, DC; Catherine Pulley Ballard, Buist, Moore, Smythe & McGee, P.A., Charleston, SC; Roger Conner, Robert Teir, American Alliance for Rights and Responsibilities, Washington, DC, for Amicus Curiae. Steven T. McFarland, Center for Law and Religious Freedom, Annandale, VA; Curtis E. Bostic, Charleston, SC; Orin G. Briggs, Irmo, SC; Lynn R. Buzzard, Buies Creek, NC, for Appellees.

Before RUSSELL, WIDENER, and MICHAEL, Circuit Judges.

Reversed in part, vacated in part, and remanded with instructions by published opinion. Judge WIDENER wrote the opinion, in which Judge MICHAEL concurred.

OPINION

WIDENER, Circuit Judge:

We have before us appeals in three cases, Nos. 95-2956 (District Court No. 92-1531), 95-2957 (District Court No. 92-1656), and 95-2958 (District Court No. 93-1145), each of which involves street preaching in the City of Beaufort, South Carolina.

Street preaching...

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