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SPEET v. SCHUETTE

No. 12-2213.

726 F.3d 867 (2013)

James SPEET and Ernest Sims, Plaintiffs-Appellees, v. Bill SCHUETTE, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 14, 2013.

Attorney(s) appearing for the Case

ARGUED: Ann M. Sherman , Office of the Michigan Attorney General, Lansing, Michigan, for Appellant. Miriam J. Aukerman , American Civil Liberties Union Fund of Michigan, Grand Rapids, Michigan, for Appellees. ON BRIEF: Ann M. Sherman , Office of the Michigan Attorney General, Lansing, Michigan, for Appellant. Miriam J. Aukerman , American Civil Liberties Union Fund of Michigan, Grand Rapids, Michigan, Michael J. Steinberg , Daniel S. Korobkin , American Civil Liberties Union Fund of Michigan, Detroit, Michigan, for Appellees.

Before: MARTIN and SUTTON, Circuit Judges; ADAMS, District Judge.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

This appeal involves a facial challenge to the constitutionality, under the First and Fourteenth Amendments to the United States Constitution, of a Michigan statute that criminalizes begging. This appeal poses two issues. The first issue is whether begging is a form of solicitation that the First Amendment protects. We hold that it is. The second issue is whether, as the district court concluded, the statute violates...

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