United States First Circuit

In a case involving First Amendment rights and the right to campaign on a post office sidewalk, grant of defendant's motion for summary judgment is affirmed where: 1) the post office sidewalk is not a traditional public forum; 2) the regulation barring candidate's election campaigning on a post office sidewalk is viewpoint neutral and reasonable to prevent abuses and to preclude any appearance of partisan endorsement or preference; and 3) there is insufficient evidence of a pattern of selective enforcement before plaintiff's arrest, and the regulation has been consistently applied since then.

Appellate Information

• Decided 02/25/2009
• Published 02/25/2009

Judges

• LYNCH, Chief Judge., Before LYNCH, Chief Judge, BOUDIN and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• David F. Klein with whom Shara L. Boonshaft, Heller Ehrman LLP, William C. Newman, and American Civil Liberties Union of Massachusetts were on brief for appellant., Thomas R. Lotterman, Duke K. McCall, III, Carol E. Head, and Bingham McCutchen LLP on brief for Humane Society of the United States, amicus curiae.


• For Appellees:
  
• Karen L. Goodwin, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief for appellees.