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Edward F. Kinane, et al v. United States

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Argued November 19, 2010

Before REID and THOMPSON, Associate Judges, and PRYOR, Senior Judge.

Following a two-day bench trial, appellants, a group of thirty-four protestors, were convicted of one count of violating 40 U.S.C. § 6135 for unlawfully demonstrating on the Supreme Court plaza or in the Supreme Court building. On appeal appellants request this court to vacate their convictions, contending that: (1) the “display” clause of 40 U.S.C. § 6135 is an unconstitutional restriction on expression; (2) 40 U.S.C. § 6135 was not reasonably enforced because appellants were not informed they had the right to demonstrate on the sidewalk; and (3) a demonstration on the plaza did not violate the statute. This court has already resolved the issues raised in appellants’ contentions in favor of the government, and we find no reason to deviate from our previous holdings. Most recently, in Lawler v. United States, Nos. 07 CM 803+ (D.C. Dec. 16, 2010), this court resolved appellants’ second and third contentions in favor of the government. Accordingly, we affirm appellants’ convictions.

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