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United States Fourth Circuit

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Lucero v. Early, 16-1767

In a constitutional action, arising from plaintiff's arrest for failing to confine his leafletting to a designated protest area outside a Baltimore performance of the Ringling Brothers and Barnum & Bailey Circus, the district court's dismissal is vacated and remanded for further proceedings where: 1) the applicable level of scrutiny for the constitutional issue here is distinguishable from that of Ross v. Early, 746 F.3d 546 (4th Cir. 2014); and 2) the district court did not consider the Supreme Court's intervening decision in McCullen v. Coakley, 134 S. Ct. 2518 (2014) and Reed v. Town of Gilbert, 135 S. Ct. 2218 (2015).

Appellate Information

  • Decided
  • Published 2017/10/13




  • United States Fourth Circuit


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