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INITIATIVE AND REFERENDUM v. U.S. POSTAL SERVICE

No. 04-5045.

417 F.3d 1299 (2005)

INITIATIVE AND REFERENDUM INSTITUTE, et al., Appellants v. UNITED STATES POSTAL SERVICE, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided August 9, 2005.

Attorney(s) appearing for the Case

David F. Klein argued the cause for appellants. With him on the briefs were John R. Ferguson and Arthur B. Spitzer.

Marina Utgoff Braswell, Assistant U.S. Attorney, argued the cause for appellee. With her on the brief were Kenneth L. Wainstein, U.S. Attorney, and Michael J. Ryan, Assistant U.S. Attorney. R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance.

Before: GINSBURG, Chief Judge, and HENDERSON and GARLAND, Circuit Judges.

Opinion for the court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge.

A United States Postal Service regulation bans "soliciting signatures on petitions, polls, or surveys" on "all real property under the charge and control of the Postal Service." The district court rejected the plaintiffs' First Amendment challenge to this regulation, concluding that even if all exterior postal properties are public forums...

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