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MARCH v. MILLS

No. 16-1771.

867 F.3d 46 (2017)

Andrew MARCH, Plaintiff, Appellee, v. Janet T. MILLS, individually and in her official capacity as Attorney General for the State of Maine, Defendant, Appellant, City of Portland, Maine; William Preis, individually and in his official capacity as a Police Lieutenant of the City of Portland; Jason Nadeau, individually and in his official capacity as a Police Officer of the City of Portland; Graham Hults, individually and in his official capacity as a Police Officer of the City of Portland; Donald Krier, individually and in his official capacity as a Police Major of the City of Portland, Defendants.

United States Court of Appeals, First Circuit.

August 8, 2017.

Attorney(s) appearing for the Case

Christopher C. Taub , Assistant Attorney General, with whom Janet T. Mills , Attorney General, and Leanne Robbin , Assistant Attorney General, were on brief, for appellant.

Kate Margaret-O'Reilly Oliveri , with whom Thomas More Law Center, Ann Arbor, MI, Stephen Whiting , and The Whiting Law Firm, P.A., Portland, ME, were on brief, for appellee.

Before Lynch, Stahl, and Barron, Circuit Judges.

This appeal concerns a constitutional challenge brought by a protester who opposes abortion. He seeks to enjoin the enforcement of a provision of the Maine Civil Rights Act ("MCRA"), Me. Rev. Stat. Ann. tit. 5, § 4684-B(2), that, he contends, facially violates the First Amendment's guarantee of the freedom of speech....

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