United States Seventh Circuit

In plaintiffs' 42 U.S.C. section 1983 suit alleging violations of their rights under the First, Fourth, and Fourteenth Amendments and under state law, challenging a city ordinance's failure-to-disperse provision of section 8-4-010(d), district court's judgment permanently enjoining the city from enforcing the provision on the ground that it imposes too great a burden on protected free speech and is unconstitutionally vague is vacated and remanded as, plaintiffs lack standing to challenge the facial validity of the ordinance at issue as they were not even arguably violating the failure-to-disperse provision when they were arrested for demonstrating against military recruitment, and plaintiffs have not shown a reasonable prospect of future arrest for again violating that same provision.

Appellate Information

• Argued 04/01/2010
• Decided 09/02/2010
• Published 09/02/2010

Judges

• HAMILTON

Court

• United States Seventh Circuit

Counsel