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MAHONEY v. DOE

No. 09-7131.

642 F.3d 1112 (2011)

Patrick MAHONEY, Reverend, et al., Appellants v. John DOE, In his official capacity as a police officer, Metropolitan Police Department, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided June 21, 2011.

Attorney(s) appearing for the Case

Carly F. Gammill argued the cause for appellants. With her on the briefs was James Matthew Henderson Sr.

Carl J. Schifferle , Assistant Attorney General, Attorney General's Office for the District of Columbia, argued the cause for appellees. With him on the brief were Peter J. Nickles , Attorney General, Todd S. Kim , Solicitor General, and Donna M. Murasky , Deputy Solicitor General.

Ronald C. Machen Jr. , U.S. Attorney, and R. Craig Lawrence and Marina U. Braswell , Assistant U.S. Attorneys, were on the brief for amicus curiae National Park Service in support of appellees.

Before: HENDERSON, BROWN and KAVANAUGH, Circuit Judges.

Opinion for the Court filed by Circuit Judge BROWN.

Concurring opinion filed by Circuit Judge KAVANAUGH.

BROWN, Circuit Judge:

Section 22-3312.01 of the District of Columbia Code prohibits the defacement of public and private property. Appellants, Rev. Patrick Mahoney, Kaitlin Clare Martinez, the Christian Defense Coalition, Cradles of Love, Inc., and Cheryl Conrad (collectively, "Mahoney") claim that prohibition, both on its face and as applied, violates...

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