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COOPER v. DILLON

No. 04-11150.

403 F.3d 1208 (2005)

Dennis Reeves COOPER, Plaintiff-Appellant, v. Gordon A. DILLON, individually and in his official capacity as Chief of Police of Key West, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 22, 2005.

Attorney(s) appearing for the Case

Randall C. Marshall, American Civil Liberties Union of Florida, ACLU Foundation of Florida, Inc., Miami, FL, M. David Gelfand, Tulane Law School, Thomas W. Milliner, New Orleans, LA, for Plaintiff-Appellant.

Michael T. Burke, Johnson, Anselmo, Murdoch, Burke, Piper & McDuff, Ft. Lauderdale, FL, for Defendant-Appellee.

Before BIRCH, KRAVITCH and GIBSON, Circuit Judges.

BIRCH, Circuit Judge:

This appeal requires us to determine the constitutionality under the First Amendment of a Florida statutory provision which makes it a misdemeanor for a participant in an internal investigation of a law enforcement officer to disclose any information obtained pursuant to the investigation before it becomes public record.1 The district court found that the statute did not abridge fundamental freedoms of speech and...

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