# Women Strike for Peace v. Rogers C. B. Morton, Secretary of the Interior

> Court of Appeals for the D.C. Circuit · July 14, 1972 · 472 F.2d 1273

URL: https://www.frixlaw.com/law-library/cases/9459127

## Case

- **Full name:** WOMEN STRIKE FOR PEACE v. Rogers C. B. MORTON, Secretary of the Interior, Et Al., Appellants
- **Court:** Court of Appeals for the D.C. Circuit
- **Decided:** July 14, 1972
- **Citations:** 472 F.2d 1273; 153 U.S. App. D.C. 198; 1972 U.S. App. LEXIS 8422
- **Precedential status:** Published
- **Opinion:** Concurrence by Robb
- **Judges:** Wright, Leventhal, Robb
- **Cited by:** 49 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9459127

## How later opinions describe it (automated extraction)

- recognizing "unmistakable symbolic significance” of demonstrating in proximity to the seat of government

## Opinion text

ROBB, Circuit Judge:
I concur in the result reached by Judge Leventhal that Women Strike for Peace may not place their imitation tombstones in the central circular area of the Ellipse but may put them at some nearby location.
I find nothing in the Constitution that gives Women Strike for Peace the right to intrude upon the Christmas Pageant with their display of propaganda. See Adderley v. Florida, 385 U.S. 39, 47-48 , 87 S.Ct. 242 , 17 L.Ed.2d 149 (1966). Certainly the Park Service should not be required to make the central circular area, occupied by. the Christmas Pageant, a midway open to any ideological pitchman seeking a ready-made audience. On the other hand, since the Park Service permits the erection of structures on park land for the Christmas Pageant, I cannot say that Women Strike for Peace can be prohibited from placing an exhibit in a nearby area where it will not interfere with the Christmas Pageant. If structures on park land are allowed then permission must be granted with an even hand.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9459127. Public record. Not legal advice.