Legal Opinion
Church of the American Knights of the Ku Klux Klan v. Kerik
District Court, S.D. New York
Decided November 19, 2002No. 99 Civ. 10635(HB)PublishedCited by 2 opinions
1Opinion of the Court
OPINION & ORDER
BAER, District Judge.
Plaintiff Church of the American Knights of the Ku Klux Klan (“American Knights”) brings this action for a declaratory judgment and a permanent injunction declaring New York Penal Law § 240.35(4), which prohibits the wearing of masks at public gatherings, unconstitutional under the First Amendment. In response, defendants Bernard Kerik, former Commissioner of the New York City Police Department, and the City of New York contend that the Court should not grant the injunctive relief as the statute is constitutional as a legitimate exercise of state police…
2Cases cited34 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
- New York Times Co. v. SullivanSupreme Court of the United States · 1964
- Buckley v. ValeoSupreme Court of the United States · 1976
- Grayned v. City of RockfordSupreme Court of the United States · 1972
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3Cited by2 opinions
- Church Of The American Knights Of The Ku Klux Klan v. KerikCourt of Appeals for the Second Circuit · 2004
- Church of the American Knights of the Ku Klux Klan v. KerikCourt of Appeals for the Second Circuit · 2004