United States Ninth Circuit

The district court's order preliminary enjoining provisions of the Californians Against Sexual Exploitation Act (CASE) is affirmed, where: 1) because CASE imposes a substantial burden on sex offenders' ability to engage in legitimate online speech, and to do so anonymously, First Amendment scrutiny was warranted; 2) applying intermediate scrutiny, CASE unnecessarily chills protected speech because it does not make clear what offenders are required to report, it provides insufficient safeguards preventing the public release of offenders' reported information, and the 24-hour reporting requirement is onerous and overbroad; and 3) the district court did not abuse its discretion in deciding that all the necessary elements for obtaining a preliminary injunction were satisfied.

Appellate Information

• Decided 11/18/2014
• Published 11/18/2014

Judges

• Bybee

Court

• United States Ninth Circuit

Counsel