MASHAUD v. BOONE

Attorney(s) appearing for the Case

Matthew B. Kaplan , Arlington, VA, for appellant.

Governor E. Jackson, III , Towson, MD, for appellee.

Ashwin P. Phatak , Principal Deputy Solicitor General, with whom Karl A. Racine , Attorney General for the District of Columbia at the time, Caroline S. Van Zile , Solicitor General, Graham E. Phillips , Deputy Solicitor General, and Jeremy R. Girton , Assistant Attorney General, were on the brief, for intervenor.

Eugene Volokh , of the bar of the State of California, pro hac vice, by special leave of court, with whom Gene C. Schaerr , Erik S. Jaffe , Washington, DC, and Joshua J. Prince , Philadelphia, PA, were on the brief, for Professor Eugene Volokh and Protect the First Foundation as amicus curiae in support of appellant.

Arthur B. Spitzer and Scott Michelman , Washington, DC, were on the brief for American Civil Liberties Union of the District of Columbia as amicus curiae in support of appellant.

Opinion by Associate Judge McLeese, with whom Associate Judge AliKhan joins, dissenting in part and concurring in the judgment, at page 1171.