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KINANE v. U.S.

Nos. 08-CM-681, 08-CM-814, 08-CM-815, 08-CM-816, 08-CM-817, 08-CM-818, 08-CM-819, 08-CM-820, 08-CM-821, 08-CM-822, 08-CM-823, 08-CM-824, 08-CM-825, 08-CM-826, 08-CM-827, 08-CM-828, 08-CM-829, 08-CM-830, 08-CM-831, 08-CM-832, 08-CM-833, 08-CM-834, 08-CM-835, 08-CM-836, 08-CM-837, 08-CM-838, 08-CM-839, 08-CM-840, 08-CM-841, 08-CM-881, 08-CM-882, 08-CM-883, 08-CM-884, 08-CM-885.

12 A.3d 23 (2011)

Edward F. KINANE, et al., Appellants, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided January 20, 2011.

Attorney(s) appearing for the Case

Mark L. Goldstone , Washington, DC, appointed by the court, for appellants.

Katherine M. Kelly , Assistant United States Attorney, with whom Ronald C. Machen, Jr. , United States Attorney, and Roy W. McLeese III , John P. Mannarino , and Magdalena A. Acevedo , Assistant United States Attorneys, were on the brief, for appellee.

Before REID and THOMPSON, Associate Judges, and PRYOR, Senior Judge.

PRYOR, Senior Judge:

Following a two-day bench trial, appellants, a group of thirty-four protestors, were convicted of one count of violating 40 U.S.C. § 6135 for unlawfully demonstrating on the Supreme Court plaza or in the Supreme Court building. On appeal appellants request this court to vacate their convictions, contending that: (1) the "display" clause of 40 U.S.C. § 6135 is an unconstitutional restriction on expression; (2) 40 U.S.C. § 6135 was...

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