Legal Opinion

Irvin Dana Beal and Robert B. MacDonald v. Henry Stern, in His Official Capacity as Commissioner, New York City Department of Parks and Recreation

Court of Appeals for the Second Circuit

Decided June 9, 1999No. Docket 97-9218PublishedCited by 169 opinions

1Opinion of the Court

WINTER, Chief Judge.

Irvin Dana Beal and Robert B. MacDonald appeal from Judge Sprizzo’s denial of their motion for a preliminary injunction. They seek to prohibit the New York City Department of Parks and Recreation (the “Parks Department”) from enforcing certain restrictions on assemblies and rallies contained in provisions of Chapter 1 of Title 56 of the Rules of the City of New York (“RCNY” or the “Rules”). Appellants challenge these provisions as facially impermissible restraints on speech. The district court denied the motion on the ground that appellants had not shown a clear likelihood…

2Cases cited26 opinions

  1. Elrod v. BurnsSupreme Court of the United States · 1976
  2. Ward v. Rock Against RacismSupreme Court of the United States · 1989
  3. Perry Education Ass'n v. Perry Local Educators' Ass'nSupreme Court of the United States · 1983
  4. Haguer v. Committee for Industrial OrganizationSupreme Court of the United States · 1939
  5. FW/PBS, Inc. v. City of DallasSupreme Court of the United States · 1990

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3Cited by169 opinions

  1. register.com, Inc. v. Verio, Inc.Court of Appeals for the Second Circuit · 2004
  2. New York Ex Rel. Schneiderman v. Actavis PLCCourt of Appeals for the Second Circuit · 2015
  3. Mastrovincenzo v. City of New YorkCourt of Appeals for the Second Circuit · 2006
  4. Centro Tepeyac v. Montgomery CountyCourt of Appeals for the Fourth Circuit · 2013
  5. Sussman v. CrawfordCourt of Appeals for the Second Circuit · 2007

164 more not listed; retrieve them via the Exa API.

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