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PEOPLE FOR ETHICAL TREAT. OF ANIMALS v. GITTENS

Nos. 02-7106, 03-7190, 03-7195.

396 F.3d 416 (2005)

PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., Appellee v. Anthony GITTENS, Executive Director, District of Columbia Commission on the Arts and Humanities, and District of Columbia, Appellants

United States Court of Appeals, District of Columbia Circuit.

Decided January 28, 2005.

Attorney(s) appearing for the Case

Donna M. Murasky, Senior Litigation Counsel, Office of the Attorney General for the District of Columbia, argued the cause for appellants. With her on the briefs were Robert J. Spagnoletti, Attorney General, and Edward E. Schwab, Deputy Attorney General.

Arthur B. Spitzer argued the cause for appellee. With him on the brief was Fritz Mulhauser.

Before: GINSBURG, Chief Judge, and RANDOLPH and ROGERS, Circuit Judges.

RANDOLPH, Circuit Judge.

Several years ago, an agency of the District of Columbia sponsored a city-wide, outdoor exhibit of polyurethane models of donkeys and elephants, each painted and decorated by a different artist. The exhibit lasted five months. The parties to these consolidated appeals argue about whether, as the district court ruled, the agency violated the First Amendment to the Constitution when it rejected a design...

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