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Henderson v. Kennedy

Summary judgment in favor of government affirmed in case brought by t-shirt sellers who challenged a Park Service's regulation prohibiting the sale of goods in designated sections of the National Mall; the regulation did not violate either the Free Exercise Clause or the Free Speech Clause of the Constitution.

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Argued February 13, 2001

Opinion for the Court filed by Circuit Judge Randolph.

Plaintiffs Henderson and Phillips allege that they are evangelical Christians. They want to sell t-shirts on the National Mall–a practice presently prohibited by a regulation of the National Park Service. Initially they claimed that the Free Speech Clause of the First Amendment guaranteed them this right. When we ruled against that claim in another case, they amended their complaints to add, among other claims, causes of action based on the Religious Freedom Restoration Act and the Equal Protection component of the Due Process Clause. For the reasons that follow, we affirm the district court’s grant of summary judgment in favor of the government.

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