Smith v. Exec. Dir. of IN War Mem'ls Comm'n, No. 13-1939 (7th Cir. 2014)
Annotate this Case
The Indiana War Memorials Commission requires a permit for even small gatherings at the Soldiers and Sailors Monument at Monument Circle in Indianapolis and at several other monuments. Smith and his young son were expelled from Monument Circle for protesting, without a permit, a proposed United Nations arms treaty. Smith sought an injunction against the policy’s enforcement. The district court denied his motion. The Seventh Circuit reversed, noting that the U.S. has signed, but has not ratified the treaty and that the permit policy has changed since the district court denied the motion. The new policy retains the problematic features of the old, so Smith’s appeal is not moot. Smith seems likely to succeed in showing that the 14‐person limit on demonstrations without a permit, and a provision that, if a gathering has been advertised or the public has been invited, a permit is required even if the group ultimately is made up of fewer than 15 people, are not narrowly tailored.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.