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Traditionally on the first Saturday in May, Smalltown USA hosts a traditional May Day parade where citizens dress up in odd fanciful costumes and promenade

Traditionally on the first Saturday in May, Smalltown USA hosts a traditional May Day parade where citizens dress up in odd fanciful costumes and promenade down Main Street. In 2023, an organization calling itself "All-For-All" (AFA) applied to conduct a "Gay Pride Parade" on Main Street in Smalltown immediately following the City's traditional May Day parade. In recent years gay pride parades in Smalltown have been accompanied by large protest demonstrations for and against the parade. Pursuant to a City ordinance, a person or entity in Smalltown may obtain a street parade permit if the person or entity posts a modest bond based on a good-faith estimate of the likely number of participants, the duration of parade, and upon obtaining a certificate from the City permit panel, composed of five city officials appointed by the Mayor, from the police, fire, and street maintenance departments certifying that the parade is not likely to cause an imminent threat of violence or criminality or a breach of the public peace. AFA's application for the required certificate, and consequently the parade permit, was denied for the stated reason that the gay pride parade on the requested day would be disrespectful and controversial because that day and week held special historically family-oriented significance to a substantial portion of Smalltown USA's citizens. The denial was accompanied by an offer of alternative dates in the succeeding weeks and a notice of a right to appeal to the mayor's office within 10 days. Instead of appealing or accepting an alternate parade date, AFA chose to conduct its parade on the first Saturday in May on City sidewalks immediately preceding the traditional May Day parade. Even though the parade participants observed all street traffic rules, the crowded sidewalk made it difficult for pedestrians, who were not participants. to access local businesses. Subsequently AFA participating members were cited and fined for conducting a parade without a license. AFA filed suit in an appropriate court challenging the fines on the grounds that the permit requirements on their face and as applied to AFA violate its members' freedom of speech and association guaranteed under the First Amendment of the United States Constitution. What is the likelihood of AFA prevailing? Discuss.

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