GERBER v. HERSKOVITZ

No. 20-1870.

14 F.4th 500 (2021)

Marvin GERBER; Miriam Brysk, Plaintiffs-Appellants, v. Henry HERSKOVITZ; Gloria Harb; Tom Saffold; Ruby List; Chris Mark; Deir Yassin Remembered, Inc.; Jewish Witnesses for Peace and Friends; City of Ann Arbor, Michigan; Christopher M. Taylor, Derek Delacourt, Stephen K. Postema, and Kristen D. Larcom, in their official and individual capacities, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 15, 2021.


Attorney(s) appearing for the Case

ARGUED: Marc M. Susselman , Canton, Michigan, for Appellants. John A. Shea , Ann Arbor, Michigan, for Appellees Henry Herskovitz, Jewish Witnesses for Peace and Friends, Ruby List, Chris Mark, and Tom Saffold. Timothy S. Wilhelm , CITY OF ANN ARBOR, Ann Arbor, Michigan, for City of Ann Arbor Appellees. ON BRIEF: Marc M. Susselman , Canton, Michigan, Ziporah Reich , THE LAWFARE PROJECT, New York, New York, for Appellants. John A. Shea , Ann Arbor, Michigan, Cynthia Heenan , CONSTITUTIONAL LITIGATION ASSOC., P.C., Detroit, Michigan, for Appellees Henry Herskovitz, Jewish Witnesses for Peace and Friends, Ruby List, Chris Mark, and Tom Saffold. Timothy S. Wilhelm , CITY OF ANN ARBOR, Ann Arbor, Michigan, for City of Ann Arbor Appellees. Daniel S. Korobkin , AMERICAN CIVIL LIBERTIES UNION FUND OF MICHIGAN, Detroit, Michigan, for Amici Curiae.

SUTTON, C.J., delivered the opinion of the court in which McKEAGUE, J., joined, and CLAY, J., joined in the result. CLAY, J. (pp. 512-23), delivered a separate concurring opinion.


OPINION

Anti-Israel protesters have picketed services at the Beth Israel Synagogue in Ann Arbor, Michigan, every week going back to 2003, over 935 weeks in total. Understandably frustrated with this pattern, members of the congregation sued the protesters and the city. The district court granted the defendants' motions...

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