United States Ninth Circuit

A city ordinance which prohibits aerial advertising does not violate the First Amendment as it is a reasonable and viewpoint neutral restriction on speech in a nonpublic forum, and the banner towing prohibited by the ordinance is neither a historically important form of communication nor speech that has unique identifying attributes for which there is no practical substitute. Thus, the ordinance may be used to restrict an advocacy group from towing aerial banners over the beaches of Honolulu.

Appellate Information

• Argued 11/21/2005
• Decided 05/23/2006
• Published 05/23/2006

Judges

• Before MYRON H. BRIGHT,M. MARGARET McKEOWN, and RICHARD R. CLIFTON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Robert J. Muise, Thomas More Law Center, Ann Arbor, MI, and Robert K. Matsumoto, Honolulu, HI, for the appellants.


• For Appellees:
  
• Carrie K.S. Okinaga, Corporation Counsel, Gordon D. Nelson, Deputy Corporation Counsel, and Jon M. Van Dyke, Special Deputy Corporation Counsel, Honolulu, HI, for the appellees.