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PICARD v. CLARK

19cv3059 (DLC).

475 F.Supp.3d 198 (2020)

Michael PICARD, Plaintiff, v. Darcel D. CLARK, in her official capacity as District Attorney for Bronx County and Michael Magliano, in his official capacity as Chief of Public Safety for the New York Unified Court System, Defendants.

United States District Court, S.D. New York.

Signed July 29, 2020.

Attorney(s) appearing for the Case

For the plaintiff: Brian Hauss, Arianna Marie Demas, American Civil Liberties Union Foundation, 125 Broad Street, 18th Floor, New York, NY 10004.

For defendant Darcel D. Clark: James E. Johnson, Corporation Counsel for the City of New York, Susan P. Scharfstein, of Counsel, 100 Church Street, New York, NY 10007.

For defendant Michael Magliano: Letitia James, New York Attorney General, Michael A. Berg, Assistant Attorney General, 28 Liberty Street, New York, NY 10005.

OPINION AND ORDER

At this bench trial, which has been submitted on the written record, Michael Picard ("Picard") challenges the constitutionality of New York Penal Law § 215.50(7) ("§ 50(7)" or the "Act"). This misdemeanor criminal contempt statute prohibits shouting and display of signage within...

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