United States Second Circuit

In a First Amendment challenge to a New York City regulation banning new parades on Fifth Avenue, summary judgment for defendant is affirmed where: 1) the rule did not seek to regulate messages or distinguish between different types of speech; and 2) plaintiff lacked standing to challenge the provision of the rule establishing punishment for violations because the "chill" on those that might spontaneously join plaintiff's marches was purely conjectural.

Appellate Information

• Decided 11/17/2009
• Published 11/17/2009

Judges

• CHIN, District Judge., Before:  PARKER, Circuit Judge, and CHIN, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Jeffrey E. Fogel, Esq., Charlottesville, VA (Gideon Orion Oliver, Esq. and Palyn Hung, Esq., New York, NY, on the brief), for Plaintiff-Appellant.


• For Appellees:
  
• Scott Shorr, Esq. (Ronald E. Sternberg, Esq., on the brief), for Michael A. Cardozo, Corporation Counsel of the City of New York, for Defendant-Appellee.