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.
Argued: March 6, 2009
Decided: November 17, 2009
Opinion by Judge Chin
Scott Shorr, Ronald E. Sternberg, Office of the Corporation Counsel, New York, NY