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BROWN v. CITY OF PITTSBURGH

No. 08-1819.

586 F.3d 263 (2009)

Mary Kathryn BROWN, Appellant v. CITY OF PITTSBURGH; Pittsburgh City Council; Luke Ravenstahl, in his official capacity as Mayor of the City of Pittsburgh.

United States Court of Appeals, Third Circuit.

Filed: October 30, 2009.

Attorney(s) appearing for the Case

David A. Cortman, Esquire (Argued), Joshua B. Bolinger, Esquire, Alliance Defense Fund, Lawrenceville, GA, Benjamin W. Bull, Esquire, Jeremy D. Tedesco, Esquire, Alliance Defense Fund, Scottsdale, AZ, Lawrence G. Paladin, Jr., Esquire, Pittsburgh, PA, for Appellant.

Yvonne S. Hilton, Esquire (Argued), Michael E. Kennedy, Esquire, George R. Specter, Esquire, City of Pittsburgh Law Department, Pittsburgh, PA, for Appellees.

Steven W. Fitschen, Esquire, The National Legal Foundation, Virginia Beach, VA, for Amicus Curiae-Appellant, The National Legal Foundation.

Before: SCIRICA, Chief Judge, AMBRO and SMITH, Circuit Judges.

OPINION OF THE COURT

SCIRICA, Chief Judge.

This case requires us to delineate, in a quite literal sense, the boundaries of the First Amendment's protection of speech. In response to concerns about aggressive protests and confrontations at health care facilities providing abortions, the City of Pittsburgh enacted Ordinance No. 49 in December 2005. Pittsburgh, Pa., Code tit. 6, §§ 623.01-623.07. The Ordinance established two different kinds of zones...

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