United States Fourth Circuit

A local ordinance, which prohibits assembly on the streets or sidewalks of the city, is facially unconstitutional to the extent that it prevents small gatherings from protesting in a public forum.

Appellate Information

• Decided 07/26/2005
• Published 07/26/2005

Judges

• Before WILKINS, Chief Judge, and TRAXLER and KING, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• Samuel Thurston Towell, Third Year Law Student, University of Virginia School of Law, Appellate Litigation Clinic, Charlottesville, Virginia, for Appellant/Cross-Appellee., Robin Lilley Jackson, Stuckey Law Offices, P.A., Charleston, South Carolina;  Charles Franklin Turner, Jr., Clarkson, Walsh, Rheney & Turner, P.A., Greenville, South Carolina, for Appellees/Cross-Appellants., Neal L. Walters, University of Virginia School of Law, Appellate Litigation Clinic, Charlottesville, Virginia, for Appellant/Cross-Appellee., Letitia H. Verdin, Clarkson, Walsh, Rheney & Turner, P.A., Greenville, South Carolina, for Appellees/Cross-Appellants City of Travelers Rest, South Carolina, Timothy Christy, Individually and in his official capacity as Chief of Police for the City of Travelers Rest, and Mann Batson, Individually and in his official capacity as Mayor of the City of Travelers Rest;  James A. Stuckey, Charleston, South Carolina, for Appellees/Cross-Appellants City of Charleston, South Carolina, Rueben Greenberg, Individually and in his official capacity as Chief of Police for the City of Charleston, Joseph Riley, Jr., Individually and in his official capacity as Mayor of the City of Charleston, Captain Chin, Individually and in his official capacity as an officer of the Charleston Police Department, and Officer Davis, Individually and in his official capacity as an officer of the Charleston Police Department.