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GATHRIGHT v. CITY OF PORTLAND, OR.

Nos. 04-35402, 05-35506.

439 F.3d 573 (2006)

Edward GATHRIGHT, Plaintiff-Appellee, v. CITY OF PORTLAND, OREGON, a municipal corporation; Pioneer Courthouse Square, Inc., an Oregon nonprofit corporation, Defendants-Appellants. Edward Gathright, Plaintiff-Appellee, v. City Of Portland, Oregon, a municipal corporation; Pioneer Courthouse Square, Inc., an Oregon nonprofit corporation, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed February 24, 2006.

Attorney(s) appearing for the Case

Harry Auerbach, Office of City Attorney, Portland, OR, for the defendants-appellants.

Herbert G. Grey (argued) and Kelly E. Ford, Beaverton, OR, and John M. Lotz, Daehnke & Cruz, Irvine, CA, for the plaintiff-appellee.

Before: FISHER, GOULD and BEA, Circuit Judges.

FISHER, Circuit Judge:

This case concerns the intersection of two First Amendment rights: on the one hand, the classic right of an individual to speak in the town square; on the other hand, the interest organizations have in not being compelled to communicate messages not of their choosing. Plaintiff Edward Gathright is an evangelical Christian who preaches outdoors to the general public. In recent years, he has taken to...

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