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PARKS v. FINAN

No. 03-3848.

385 F.3d 694 (2004)

Douglas R. PARKS, Plaintiff-Appellee, v. Richard H. FINAN; Ronald T. Keller; Kenneth L. Morckel; Lee A. Darden, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 29, 2004.

Attorney(s) appearing for the Case

Terry Lee Hamilton, Lighthouse Legal Ministries, Ashtabula, OH, Nathan W. Kellum (argued and briefed), Memphis, TN, for Plaintiff-Appellee.

Elise W. Porter (argued and briefed), Office of the Attorney General of Ohio, Tomi L. Dorris (briefed), Office of Ohio Attorney General, Columbus, OH, for Defendants-Appellants.

Before: ROGERS and COOK, Circuit Judges; SCHWARZER, District Judge.

ROGERS, J., delivered the opinion of the court, in which SCHWARZER, D.J., joined. COOK, J. (pp. 706-08), delivered a separate dissenting opinion.

OPINION

ROGERS, Circuit Judge.

On two separate occasions in April 2002, Douglas Parks entered the grounds of the Ohio state capitol and attempted to preach a Christian message — the first time by preaching, the second time by wearing a sandwich board and distributing leaflets. Both times Ohio State...

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