Pritchard v. Carlton
United States District Court for the Southern District of Florida
821 F. Supp. 671 (1993)
- Written by Sharon Feldman, JD
Facts
Henry Pritchard II (plaintiff) was the president of the South Florida Society for the Advancement of White People (plaintiff). Pritchard applied for a permit to hold a rally at the Holocaust Memorial (memorial) in the City of Miami Beach (the city) (defendant) for the purpose of “political speech.” The memorial was built on city-owned land with funds raised by the Holocaust Memorial Committee (committee) (defendant) and staffed by Holocaust survivors. The committee was given the power to adopt regulations for the memorial’s use. A committee guideline required that the memorial be used for educational purposes and never for political programs. The committee had never permitted political speech on memorial grounds and had denied photo-opportunity and public-appearance requests by politicians and Jewish organizations. Roger Carlton (defendant), the city manager, issued a permit for Pritchard to use an alternative site 400 feet from the memorial. Seeking injunctive and declaratory relief, Pritchard argued that the memorial was a traditional public forum and denial of the requested permit violated the First Amendment.
Rule of Law
Issue
Holding and Reasoning (Highsmith, J.)
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