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
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…
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