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STARTZELL v. CITY OF PHILADELPHIA, PENNSYLVANIA

No. 07-1461.

533 F.3d 183 (2008)

Susan STARTZELL; Nancy Major; James Cruse; Gerald Fennell; Randall Beckman; Linda Beckman; Michael Marcavage; Mark Diener; Dennis Green; Arlene Elshinnawy; Lauren Murch, a minor, by and through her parent and next friend, Beverly Murch, Appellants v. CITY OF PHILADELPHIA, PENNSYLVANIA; Lynne Abraham, In Her Official Capacity as District Attorney for the City and County of Philadelphia; William V. Fisher, In His Official and Individual Capacity; James Tiano, In His Official and Individual Capacity; Karen Simmons, In Her Official and Individual Capacity; Philly Pride Presents, Inc.; Charles F. Volz, Jr.; Fran Price; Donna Marcus, Assistant District Attorney; The Philadelphia District Attorney's Office.

United States Court of Appeals, Third Circuit.

Filed: July 15, 2008.

Attorney(s) appearing for the Case

Amanda L.H. Brinton, Lloyd T. Hoppe, Jr., (Argued), C. Scott Shields, Shields & Hoppe, Media, PA, Attorneys for Appellants.

Jane L. Istvan, (Argued), City of Philadelphia Law Department, Jeremy D. Frey, (Argued), Pepper Hamilton, Philadelphia, PA, Attorneys for Appellees.

Before: SLOVITER, SMITH, and STAPLETON, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

The parties to the events surrounding the October 2004 OutFest have differing, indeed contrary, views of the protection that the First Amendment affords to organizers of events that generate counter-protests and the rights of those counter-protestors. Our task is to strike a balance between the rights of persons in those opposing positions, while at all times remaining true to the essence of the First Amendment...

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