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INITIATIVE AND REFERENDUM INSTITUTE v. U.S. POSTAL

No. 10-5337.

685 F.3d 1066 (2012)

INITIATIVE AND REFERENDUM INSTITUTE, et al., Appellants v. UNITED STATES POSTAL SERVICE, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided July 13, 2012.

Attorney(s) appearing for the Case

David F. Klein argued the cause for appellants. With him on the briefs were Mark S. Davies , Matthew G. Jeweler , and Arthur B. Spitzer .

Alice Neff Lucan and René P. Milam were on the brief for amici curiae Newspaper Association of America, et al. in support of appellants.

Marina Utgoff Braswell , Assistant U.S. Attorney, argued the cause for appellee. With her on the brief were Ronald C. Machen, Jr. , U.S. Attorney, and R. Craig Lawrence , Assistant U.S. Attorney.

Concurring opinion filed by Circuit Judge BROWN.

GRIFFITH, Circuit Judge:

This appeal is the latest step in a long-running controversy over the use of post office sidewalks to gather signatures on petitions. Originally a dispute over a ban on soliciting signatures on all post office property, the issues in the case have changed in response to a decision of ours and subsequent revisions to Postal Service regulations. Before us now is a facial challenge to a ban on collecting signatures on post office sidewalks that...

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