DEL GALLO v. PARENT

No. 08-1511.

557 F.3d 58 (2009)

Rinaldo DEL GALLO, III, Plaintiff, Appellant, v. Roger PARENT, United States Postal Service Postmaster; Pittsfield Post Office, Defendants, Appellees, Anthony Riello, Chief, Pittsfield Police Department, Defendant.

United States Court of Appeals, First Circuit.

Decided February 25, 2009.


Attorney(s) appearing for the Case

David F. Klein with whom Shara L. Boonshaft, Heller Ehrman LLP, William C. Newman, and American Civil Liberties Union of Massachusetts were on brief for appellant.

Thomas R. Lotterman, Duke K. McCall, III, Carol E. Head, and Bingham McCutchen LLP on brief for Humane Society of the United States, amicus curiae.

Karen L. Goodwin, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief for appellees.

Before LYNCH, Chief Judge, BOUDIN and LIPEZ, Circuit Judges.


LYNCH, Chief Judge.

This case concerns whether the Free Speech Clause of the First Amendment compels the U.S. Postal Service to allow campaigning activity for election to public office on a post office sidewalk, constructed and used to give postal patrons access to the door of the post office and distinguishable from neighboring public sidewalks.

Plaintiff Rinaldo Del Gallo, III, a candidate for public office in Massachusetts, brought suit in 2006 seeking...

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