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GONZALES v. FREE SPEECH COALITION

No. 04-16172.

408 F.3d 613 (2005)

Alberto R. GONZALES, Attorney General, and the United States Department of Justice, Defendants-Appellees, v. FREE SPEECH COALITION, on its own behalf and on behalf of its members; Bold Type, Inc.; Jim Gingerich; Ron Raffaelli, Plaintiffs-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed May 23, 2005.

Attorney(s) appearing for the Case

Charles W. Scarborough, Civil Division, United States Department of Justice, Washington, D.C., for the defendants-appellees.

H. Louis Sirkin, Sirkin Pinales & Schwartz, Cincinnati, OH, for the plaintiffs-appellants.

Before: LAY, B. FLETCHER, and HAWKINS, Circuit Judges.

MICHAEL DALY HAWKINS, Circuit Judge:

The government appeals the district court's award of attorneys' fees to the Free Speech Coalition under the Equal Access to Justice Act ("EAJA") because the court held the government was not "substantially justified" in defending the Child Pornography Prevention Act ("CPPA"). We reverse. Multiple objective indicia support the reasonableness of the government's position, including the novelty of the issue involved and the government...

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