Last week, the Tenth Circuit vacated a preliminary injunction preventing Denver International Airport from enforcing much of its public protest policy. We reported on that injunction after it issued and now return to discuss its reversal on appeal. In short, the unanimous appellate panel concluded that the airport could reasonably require a seven-day permitting period for protests, even if that requirement quashed most spontaneous demonstrations.
A bit of background, though, before we get any further: after the Trump administration unveiled its so-called “Muslim Ban” (more formally, but less memorably, titled Executive Order 13769) suspending nationals from several predominantly Muslim countries from entering the United States, spontaneous protests broke out in airports nationwide. Plaintiffs in this case joined in those protests at DIA, where