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Griffin v. Secretary of Veterans Affairs

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Appealed from: Department of Veterans Affairs

Opinion for the court filed by Circuit Judge CLEVENGER. Opinion filed by Circuit Judge DYK concurring-in-part and dissenting-in-part.

Petitioners bring a constitutional challenge to the validity of 38 C.F.R. � 1.218(a)(14) under the jurisdiction of this court to review rulemaking by the Department of Veterans Affairs. Section 1.218(a)(14) governs the conduct of visitors on property under the charge and control of the Department of Veterans Affairs, including national cemeteries administered by the National Cemetery Administration. Petitioners charge that the regulation on its face violates the First Amendment to the United States Constitution because it vests unbridled discretion to suppress speech in the hands of government officials, because it lacks procedural safeguards to ensure that decisions permitting or denying speech are made promptly, and because the regulation is unconstitutionally vague. We hold that 38 C.F.R. � 1.218(a)(14) does not on its face violate the First Amendment, and deny the petition to invalidate the regulation.

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