United States Ninth Circuit

In plaintiffs' suit challenging the validity of a city ordinance requiring publishers of yellow page directories to obtain and pay a fee for each directory distributed in the city and to advertise the availability of the opt-out registry on the front covers of their directories, the district court's grant of summary judgment in favor of the defendants is reversed and remanded where: 1) although portions of the directories are obviously commercial in nature, the books contain more than that, and thus the yellow pages directories are entitled to full First Amendment protection; and 2) the ordinance does not survive strict scrutiny.

Appellate Information

• Decided 10/15/2012
• Published 10/15/2012

Judges

• Clifton

Court

• United States Ninth Circuit

Counsel