BROWN v. CALIFORNIA DEPT. OF TRANSP.

No. 02-15385.

321 F.3d 1217 (2003)

Cassandra BROWN; Amy Courtney, Plaintiffs-Appellees, v. CALIFORNIA DEPARTMENT OF TRANSPORTATION; Jeff Morales, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed March 13, 2003.


Attorney(s) appearing for the Case

Bruce A. Behrens, Chief Counsel; David Gossage, Deputy Chief Counsel; Janet Wong, Assistant Chief Counsel; Daniel P. Weingarten, Deputy Attorney, San Francisco, CA, for the appellants.

James Wheaton, David Greene, Oakland, CA; G. Dana Scruggs, Austin B. Comstock, Nathan C. Benjamin, Santa Cruz, CA, for the appellees.

Before: D.W. NELSON, BEEZER and WARDLAW, Circuit Judges.


Opinion by Judge WARDLAW; Concurrence by Judge BEEZER.

OPINION

WARDLAW, Circuit Judge.

We must decide whether the California Department of Transportation's policy of permitting an individual to display United States flags, but no other expressive banners, on highway overpasses constitutes unreasonable viewpoint discrimination in violation of the First Amendment.

I. Background

In the wake of the September 11th terrorist attacks,...

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