Smith v. Executive Director of the Indiana War Memorials Comm.

Dist. Ct. erred in denying plaintiff’s motion seeking preliminary injunction on enforcement of defendant’s policy requiring small groups to obtain permit to gather on public property managed by defendant. Record showed likelihood of plaintiff prevailing on his claim that said policy violated his First Amendment rights where: (1) permit requirement for small groups was not narrowly tailored as least restrictive means to further govt. interest since defendant allowed larger, non-protesting groups to gather without need for permit; (2) defendant’s insistence that smaller groups obtain permit where they had invited public to attend gathering was likely too restrictive when invitation did not produce larger crowd; and (3) requirement of permit gave defendant’s employees too much unbridled discretion in determining whether permit would be issued. Fact that defendant had never denied permit application did not require different result.