United States Second Circuit

In a decision related to claim by plaintiffs-individuals and the Democratic Alliance of Orange County (the Alliance) against defendants-commander and U.S. Military Academy at West Point claiming that West Point's USMA Regulation 272 violated the First Amendment by denying plaintiffs permission to protest at Commencement, decision in favor of defendants-West Point is affirmed where: 1) West Point's ban on demonstrations within the cantonment was viewpoint-neutral, given that no protesters have been allowed to protest there since the speech policy's enactment; 2) The Alliance did not establish that West Point applied the policy in a discriminatory fashion to the detriment of either the Alliance or others, nor had it adduced evidence that denial of request to demonstrate was predicated on its political views; 3) West Point's "voluntary cessation" of the conduct in question mooted the Alliance's claim relating to the lack of a deadline; and 4) the court found no support for plaintiffs' contention that defendants' denial of the demonstration request constituted an arbitrary and capricious application of West Point's speech policy.

Appellate Information

• Decided 12/02/2008
• Published 12/02/2008

Judges

Court

• United States Second Circuit

Counsel