United States Federal Circuit

38 C.F.R. section 1.218(a)(14), which governs the conduct of visitors on property under the charge and control of the Department of Veterans Affairs (VA) and prohibits visitors to VA property from engaging in "demonstrations" unless authorized by the head of the facility involved, was validly promulgated and does not on its face violate the First Amendment. (Reissued opinion)

Appellate Information

• Decided 02/25/2008
• Published 02/25/2008

Judges

• Before LOURIE, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and SCHALL, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Scott J. Rafferty, of Washington, DC, argued and filed a combined petition for rehearing and rehearing en banc for petitioner.


• For Appellees:
  
• Jane W. Vanneman, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued and filed a response to the petition for respondent.   With her on the brief and response were Jeffrey S. Bucholtz, Acting Assistant Attorney General, and Jeanne E. Davidson, Director.