Florida 1st Amendment Case

Pat O'Brien (naturist@igc.apc.org)
Fri, 24 Apr 1992 17:18:46 -0700 (PDT)

Thought I'd upload this item, which relates to freedom of speech
and use of public areas from Florida. It's an interim victory of
special interest to nudists-Naturists, but it also has general
appeal. News Bites of Interest

Associated Press, April 23 -- Atlanta. A Singer Island
(Fla.) park manager who told a group of nudists where and when
they could demonstrate -- with their clothes on -- may be liable
for damages, a federal appeals panel ruled.
The Naturist Society sued John Fillyaw, manager of John D.
MacArthur Beach State Park on Singer Island, in 1988 after he
confined the group's demonstration to a small table north of a
beach entrance, limited distribution of fliers to three hours and
prohibited signs and banners.
The Wisconsin-based group contended in a lawsuit that
Fillyaw violated its constitutional rights to free speech. TNS
also sought damages.
The district court in Miami ruled that the park is not a
public forum and upheld Fillyaw's interpretation of the state's
law on attire, speeches and conduct.
A three-judge panel of the 11th U.S. Circuit Court of
Appeals said the lower court must consider whether Fillyaw
correctly used the state restrictions, and ruled that the park is
a public forum. TNS/Pat

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