2nd Circuit upholds 2004 GOP convention protest limits

Monday, August 6, 2012

New York City officials didn’t violate the First Amendment by limiting protests to certain areas during the 2004 Republican National Convention, the 2nd U.S. Circuit Court of Appeals ruled last week.

The three-judge panel’s ruling came in a lawsuit brought by two anti-abortion activists who were arrested after demonstrating in a no-protest zone during the convention. According to Reuters, protesters Michael Marcavage and Steven Lefemine were arrested Sept. 1, 2004, “for failing to comply with police orders to move to an area designated for protesting.”

The two men sued, claiming the city’s protest restrictions violated the First Amendment. A federal judge ruled against them, and the 2nd Circuit upheld that ruling Aug. 2, saying the city’s policy “was a reasonable time, place, and manner restriction, and that the arrests were supported by probable cause.”

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