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Boos v. Barry (docket #: 86-803) (1988)  [Findlaw]

Secondary Link Boos v. Barry  [Legal Information Institute]
Argument Date 11/09/1987
Decided 3/22/1988
Supreme Court Vote 3-5-0
Supreme Court Ruling First Amendment claim affirmed in part, denied in part. The sign ban is unconstitutional because it constitutes content discrimination.
IssueWhether a law outlawing signs within 500 feet of a foreign embassy tending to bring the foreign government into "public odium " or "public disrepute" and gatherings that refuse to disperse violates the First Amendment.
Majority Opinion O'Connor, J. (Kennedy, J. not participating)
Concurring Opinion Brennan, J. (concurring in part and in the judgment, joined by Marshall,J.), & Rehnquist, J. (concurring in part and dissenting in part, joined by White, J., & Blackmun, J.)
Lower Court DC Circuit
Lower Court Ruling First Amendment claim upheld
Oral Arguments Oral Arguments  [Oyez]
For Petitioner
Raymond D. Battocchi

For Respondent
Edward E. Schwab

For Amicus
American Jewish Congress (for petitioner)

Arthur B. Spitzer, John A. Powell and Elizabeth Symonds for the American Civil Liberties Union (for petitioner)

Daniel J. Popeo and Paul D. Kamenar for the Washington Legal Foundation (for petitioner)

Seth P. Waxman for Geraldine M. Lipkin et al. (for respondent)

Wyatt B. Durrette, Jr. for the Legal Affairs Council (for petitioner)

Ruling - Lower Court
255 U.S. App. D.C. 19, 798 F.2d 1450
Taylor, Stuart, "Court Eases Bar to Embassy Protests," The New York Times, March 23, 1988, Sect. A, p. 20
Taylor, Stuart, "High Court Rulings Hint Move to Right," The New York Times, July 3, 1988, p. 1
Chemerinsky, Erwin, "Content Neutrality as a Central Problem of Freedom of Speech: Problems in the Supreme Court's Application, 74 S. Cal. L. Rev. 49 (2000)
Note, "The Content Distinction in Free Speech Analysis After Renton," 102 Harv. L. Rev. 1904 (1989)
Stone, Geoffrey, "Content-Neutral Restrictions," 54 U. Chi. L. Rev. 46 (1987)
Williams, Susan, H. "Content Discrimination and the First Amendment," 139 U. Pa. L. Rev. 615 (1991)
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