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· 6/16/2010

United States v. Marcavage

Citations

  • 609 F.3d 264
  • 70 A.L.R. 6th 753
  • 2010 U.S. App. LEXIS 12271
  • 2010 WL 2384839

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • applying strict scrutiny to a content-based application of national park regulation against an anti-abortion protester in a public forum
  • finding that a sidewalk was not a “special enclave” despite being made of a different type of building block, and bordered by chain-linked metal bollards, because it was used as a public thoroughfare and connected to city sidewalks
  • construing an unclear complaint as bringing an as-applied claim where the plaintiff’s argument was “entirely dependent on the facts of th[e] case”
  • applying strict scrutiny to a content-based application of national park regulation against an anti-abortion protester in a public forum
  • suggesting that the government bears the burden
  • “The degree of First Amendment protection a speaker enjoys depends on the type of forum in which his expressive activity occurred.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Fisher, Hardiman, Cowen

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.