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FAUSTIN v. CITY AND COUNTY OF DENVER, COLO.

No. 04-1025.

423 F.3d 1192 (2005)

Wendy FAUSTIN, Plaintiff-Appellee, v. CITY AND COUNTY OF DENVER, COLORADO; Tom Sanchez, in his official capacity as Chief of the Denver Police Department; Lt. Donald L. Fink, in his official capacity as an officer of the Denver Police Department; Sgt. W.P. Honer, in his official capacity as an officer of the Denver Police Department, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

September 15, 2005.

Attorney(s) appearing for the Case

Stan M. Sharoff, Assistant City Attorney, (Cole Finegan, City Attorney, with him on the briefs), Denver, CO, for the Defendants-Appellants.

Michael J. DePrimo, of the AFA Center for Law & Policy, (Stephen M. Crampton and Brian Fahling, of AFA Center for Law & Policy, with him on the brief), Tupelo, MS, for the Plaintiff-Appellee.

Before EBEL, O'BRIEN, Circuit Judges, and STEWART, District Judge.

EBEL, Circuit Judge.

Wendy Faustin is an abortion protester. On several occasions, she has held a banner reading "ABORTION KILLS CHILDREN" on a highway overpass in Denver for motorists traveling below to see.

After Denver police repeatedly asked Faustin to stop displaying the banner, Faustin brought this action under 42 U.S.C. § 1983 alleging violations of her free speech rights under the First Amendment. In defense, Denver points to what it asserts is...

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