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PINE v. CITY OF WEST PALM BEACH, FL

No. 13-15011.

762 F.3d 1262 (2014)

Mary Susan PINE, Marilyn Blackburn, Plaintiffs-Appellants, v. CITY OF WEST PALM BEACH, FL, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 6, 2014.

Attorney(s) appearing for the Case

Horatio G. Mihet , Anita Leigh Staver , Mathew Duane Staver , Liberty Counsel, Orlando, FL for Plaintiffs-Appellants.

Abigail K. Hemani , Goodwin Procter, LLP, Boston, MA, Kimberly L. Rothenburg , Christopher Van Hall , Office of the City Attorney, West Palm Beach, FL, for Defendant-Appellee.

Before MARCUS and ANDERSON, Circuit Judges, and GOLDBERG, Judge.

MARCUS, Circuit Judge:

Appellants Mary Susan Pine and Marilyn Blackburn advocate against abortion. They challenge on First Amendment grounds § 34-38 of the Code of the City of West Palm Beach (the "Sound Ordinance" or "Ordinance"), which bans amplified sound within 100 feet of the property line of any health care facility. The district court refused to preliminarily enjoin the City's enforcement of the Sound Ordinance, finding that the Appellants had not demonstrated...

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