BONOWITZ v. U.S.

No. 97-CM-1611, 97-CM-1654, 98-CM-486, 97-CM-1651, 97-CM-1662, 97-CM-1652, 97-CM-1663.

741 A.2d 18 (1999)

Abraham BONOWITZ, Joseph E. Byrne, Thomas Muther, Jr., Jon Holtshopple, William R. Pelke, Kurt J. Rosenberg, Stephanie B. Gibson, Appellants, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided August 5, 1999.

As Amended on Grant of Rehearing in Part December 9, 1999.


Attorney(s) appearing for the Case

Nina Kraut, Washington, DC, appointed by this court, for appellant Bonowitz.

Mark Goldstone, appointed by this court, for appellants Byrne, Muther, Jr., Holshopple, Pelke, Rosenberg and Gibson.

David B. Goodhand, Assistant United States Attorney, with whom Wilma A. Lewis, United States Attorney, and John R. Fisher and Mary-Patrice Brown, Assistant United States Attorneys, were on the brief, for appellee.

Before TERRY and REID, Associate Judges, and BELSON, Senior Judge.


BELSON, Senior Judge.

Appellants were convicted of unlawful parading and assembling on Supreme Court grounds in violation of 40 U.S.C. § 13k (1994). They argue on appeal that the application of that statute violates their First Amendment rights by impermissibly prohibiting speech. We affirm.

On January 17, 1997, members of the Supreme Court Police observed appellants demonstrating on the sidewalk below the Supreme Court plaza area. Shortly thereafter...

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