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HENDERSON v. KENNEDY

No. 00-5070

253 F.3d 12 (2001)

Augustine David Henderson, Appellant v. Roger A. Kennedy, et al., Appellees Consolidated with No. 00-5071

United States Court of Appeals, District of Columbia Circuit.

Decided June 26, 2001

Attorney(s) appearing for the Case

James M. Henderson, Sr. argued the cause and filed the briefs for appellant.

Marina Utgoff Braswell, Assistant U.S. Attorney, argued the cause for appellees. With her on the brief were Wilma A. Lewis, U.S. Attorney at the time the brief was filed, and R. Craig Lawrence, Assistant U.S. Attorney.

Before: Henderson, Randolph, and Garland, Circuit Judges.

Opinion for the Court filed by Circuit Judge Randolph.

RANDOLPH, Circuit Judge:

Plaintiffs Henderson and Phillips allege that they are evangelical Christians. They want to sell t-shirts on the National Mall — a practice presently prohibited by a regulation of the National Park Service. Initially they claimed that the Free Speech Clause of the First Amendment guaranteed them this right. When we ruled against...

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