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BOARDLEY v. U.S. DEPT. OF INTERIOR

No. 09-5176.

615 F.3d 508 (2010)

Michael BOARDLEY, Appellant v. UNITED STATES DEPARTMENT OF the INTERIOR, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided August 6, 2010.

Attorney(s) appearing for the Case

Nathan W. Kellum argued the cause for appellant. With him on the briefs was Heather G. Hacker. Jordan W. Lorence entered an appearance.

Robin M. Meriweather, Assistant U.S. Attorney, argued the cause for appellees. With her on the brief were Ronald C. Machen, Jr., U.S. Attorney, and R. Craig Lawrence, Assistant U.S. Attorney.

Opinion for the court filed by Circuit Judge BROWN.

BROWN, Circuit Judge:

It is unlawful to engage in expressive activities within any of this country's 391 national parks unless a park official first issues a permit authorizing the activity. Michael Boardley argues this licensing scheme is overbroad and therefore unconstitutional on its face. We agree. The regulations in their current form are antithetical to the core First Amendment principle that restrictions on free speech in a public forum may be valid only if...

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