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Administrative Law

: Within the Scope

Cindy Sheehan Wins a New Trial on Demonstrating Without a Permit Charge

By E.L. Lipman

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On Friday, a panel of the U.S. Court of Appeals for the District of Columbia Circuit reversed the conviction of Cindy Sheehan, a renowned opponent of the Iraq War and a candidate for the U.S. Congress from the Eighth Congressional District of California. In November of 2005, Sheehan was convicted of violating the National Park Service?s regulations on demonstrating within the National Capitol Region. The NPS maintained that Ms. Sheehan was demonstrating in front of the White House without a valid permit.

Reversing the conviction and remanding for a new trial, the appellate panel concluded that Sheehan should have been permitted to introduce evidence to the effect that she was not ?demonstrating on the day in question? and that ?the police officer?s bullhorn announcement? failed to give her notice ?that she was demonstrating on the White House lawn without a valid permit.?

The panel?s complete analysis is accessible here.

Full post as published by Within the Scope on January 12, 2008 (boomark / email).

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