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CRAWFORD v. LUNGREN

No. 95-56570.

96 F.3d 380 (1996)

Bryan H. CRAWFORD; Jim Atwell, a partnership doing business as Advanced Publications; ISG Communications Inc., a California Corporation; Bold Type, Inc., a California Corporation; Wayne C. Berry, doing business as ZAP Distributors; and Lisa Lascody, Plaintiffs-Appellants, v. Daniel E. LUNGREN, Attorney General, individually and as Attorney General of the State of California; James K. Hahn, individually and as City Attorney for the City of Los Angeles; Willie Williams, Chief of Police, individually and as Police Chief for the City of Los Angeles; Gilbert Garcetti, District Attorney, individually and as District Attorney of the County of Los Angeles; Thomas W. Sneddon, District Attorney, individually and as District Attorney for the County of Santa Barbara, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 11, 1996.

Attorney(s) appearing for the Case

Stanley Fleishman, Fleishman, Fisher & Moest, Los Angeles, California, for plaintiffs-appellants.

Christopher C. Foley, Deputy Attorney General, Los Angeles, California, for defendant-appellee Daniel E. Lungren, individually and as Attorney General of the State of California.

Marjorie Heins, ACLU Foundation, New York City, and Cathy E. Crosson, Indiana University School of Law, Bloomington, Indiana, for amici Feminists for Free Expression and Californians Against Censorship Together.

James V. Lacy, Laguna Niguel, California and Gary G. Kreep, Escondido, California, for amici Assemblyman Bill Morrow, the United States Justice Foundation, and Help Oppose Pornography and Exploitation.

Janet M. Larue, Santa Ana, California, for amici National Law Center for Children and Families, "Enough is Enough!" Campaign, National Coalition for the Protection of Children and Families, and Family Research Counsel.

Before: FERNANDEZ and TASHIMA, Circuit Judges, and MERHIGE, District Judge.

Opinion by Judge FERNANDEZ; Concurrence by Judge TASHIMA.

FERNANDEZ, Circuit Judge:

Publishers, vendors, and one consumer of adult-oriented publications appeal the district court's order holding constitutional a California statute that bans the sale of "harmful matter" in unsupervised sidewalk vending machines. They contend that the statute is facially invalid because it discriminates against the sale of certain publications on the basis of content without...

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