HOYE v. CITY OF OAKLAND

No. 09-16753.

653 F.3d 835 (2011)

Walter B. HOYE, II, Plaintiff-Appellant, v. CITY OF OAKLAND, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 28, 2011.


Attorney(s) appearing for the Case

Michael Millen , Law Offices of Michael Millen, Los Gatos, CA; Catherine W. Short (argued), Life Legal Defense Foundation, Ojai, CA, for Plaintiff-Appellant Walter B. Hoye, II.

Angela L. Padilla , Sarah C. Marriott , Benjamin C. Geiger , and Katherine C. Lubin , Greg J. Richardson (argued), Orrick, Herrington & Sutcliff LLP, San Francisco, CA; John Russo and Vicki Laden , Oakland City Attorney's Office, Oakland, CA, for Defendant-Appellee City of Oakland.

Jay Alan Sekulow , Stuart J. Roth , Walter M. Weber , American Center for Law and Justice, Washington, D.C. for Amicus Curiae American Center for Law and Justice.

J. Cacilia Kim and Vicky L. Barker , California Women's Law Center, Los Angeles, CA; Alexandra A. Bodnar , Casey J.T. McCoy , Squire, Sanders & Dempsey L.L.P., Los Angeles, CA, for Amici Curiae California Women's Law Center, The California Black Women's Health Project, The Connecticut Women's Education and Legal Fund, The Feminist Majority Foundation, Equal Rights Advocates, Legal Momentum, Legal Voice, The California National Organization For Women, Physicians for Social Responsibility-Los Angeles, The Southwest Women's Law Center, the Women's Law Project, and The Women's Law Center of Maryland.

Janet Crepps & Jennifer Mondino , Center for Reproductive Rights, New York, NY, for Amici Curiae Abortion Care Network, American College of Obstetricians and Gynecologists, American Medical Women's Association, American Nurses Association, Center for Reproductive Rights, Medical Students for Choice, National Abortion Federation, National Family Planning and Reproductive Health Association, and Physicians for Reproductive Choice and Health.

Beth H. Parker & Rachel L. Chanin , Arnold & Porter L.L.P., San Francisco, CA, for Amici Curiae Planned Parenthood Affiliates of California, The California Medical Association, Alameda-Contra Costa Medical Association, Planned Parenthood Golden Gate, Planned Parenthood Los Angeles, Planned Parenthood Mar Monte, Planned Parenthood/Orange and San Bernardino Counties, Planned Parenthood of Santa Barbara, Ventura, & San Luis Obispo Counties, and Planned Parenthood: Shasta-Diablo.

Before: STEPHEN REINHARDT and MARSHA S. BERZON, Circuit Judges, and LOUIS H. POLLAK, Senior District Judge.


OPINION

BERZON, Circuit Judge:

Throughout our nation's history, Americans have counted on the First Amendment to protect their right to ask their fellow citizens to change their mind. Abolitionists, suffragists, socialists, pacifists, union members, war protestors, religious believers, civil rights campaigners, anti-tax activists, and countless others have appealed to the principle, enshrined within the First Amendment, that in a democracy such as ours,...

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