International Action Ctr. v. New York, No. 07-5739 - U.S. Second Circuit
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International Action Ctr. v. New York, No. 07-5739

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.

Read International Action Ctr. v. New York, No. 07-5739

Appellate Information

Argued: March 6, 2009

Decided: November 17, 2009

Judges

Opinion by Judge Chin

Counsel

For Appellant:

Jeffrey E. Fogel, Gideon Orion Oliver and Palyn Hung, Charlottesville, VA

For Appellee:

Scott Shorr, Ronald E. Sternberg, Office of the Corporation Counsel, New York, NY