Parade Permit Ordinance That Gives Unfettered Discretion to Require Sidewalk Use Ruled Facially Unconstitutional

Seattle Affilliate v. City of Seattle, decided by the 9th Circuit, holds 2-3 that a Seattle parade permit ordinance that permits either officials or police officers to determine whether permit holders may march on the sidewalk only, instead of the street, without articulating the reasons for their decision is facially unconstitutional; the discretion it grants and the potential for post hoc rationalization of denials, the circuit determines, violates the First Amendment.