United States Ninth Circuit

In a First Amendment challenge to restrictions on lobbying, soliciting clients, participating in class actions, and seeking attorneys' fees imposed on legal aid organizations that received federal grants through the Legal Services Corporation, summary judgment for defendants is affirmed where: 1) the regulations did not discriminate against any particular viewpoint or motivating ideology; and 2) plaintiffs' professed fear that their federal funding might be terminated was not sufficient to support an as-applied challenge.

Appellate Information

• Argued 07/07/2009
• Decided 11/23/2009
• Published 11/23/2009

Judges

• Before:  HARRY PREGERSON, PAMELA ANN RYMER, and A. WALLACE TASHIMA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Stephen S. Walters (argued), Allen Matkins Leck Gamble Mallory & Natsis, San Francisco, CA, and Beverly C. Pearman, Stoel Rives, Portland, OR, for plaintiffs-appellants, Legal Aid Services of Oregon and LASO plaintiffs., Don H. Marmaduke, Tonkon Torp, Portland, OR, for plaintiffs-appellants, Oregon Law Center and OLC plaintiffs., Kent B. Thurber, Davis Wright Tremaine, Portland, OR, for plaintiff-appellant, Campaign for Equal Justice.


• For Appellees:
  
• William S. Freeman, Palo Alto, CA, for defendant-appellee., Matthew M. Collette, Civil Division, U.S. Department of Justice, Washington, DC, for defendant-intervenor-appellant.