United States v. Frandsen
Court of Appeals for the Eleventh Circuit
1Opinion of the Court
CARNES, Circuit Judge:
This appeal presents us with the issue of the constitutionality of a federal regulation, 36 C.F.R. § 2.51 (reprinted in appendix), which requires persons to obtain a permit before making “public expressions of views” in national parks. Marvin Frandsen and Bryan Morris (“defendants”) were arrested and convicted for protesting without a permit at the Canaveral National Seashore (“the park”), a national park, in violation of 36 C.F.R. § 1.6. They challenged on its face the constitutionality of 36 C.F.R. § 2.51, which required them to obtain a permit prior to their protest.…
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