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WHITE v. CITY OF SPARKS

No. 05-15582.

500 F.3d 953 (2007)

Steven C. WHITE, Plaintiff-Appellee, v. CITY OF SPARKS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 29, 2007.

Attorney(s) appearing for the Case

Thomas F. Riley, Senior Assistant City Attorney, Sparks, NV, for the defendant-appellant.

Terri Keyser-Cooper (argued), Law Office of Terri Keyser-Cooper, Reno, NV, and Diane K. Vaillancourt (briefed), Law Office of Diane K. Vaillancourt, Santa Cruz, CA, for the plaintiff-appellee.

Before: BETTY B. FLETCHER and RICHARD R. CLIFTON, Circuit Judges, and EDWARD F. SHEA, District Judge.

BETTY B. FLETCHER, Circuit Judge:

This appeal presents the question of what protection the First Amendment extends to the sale by an artist of his paintings. We hold that an artist's sale of his original artwork constitutes speech protected under the First Amendment.

I.

Appellee Steven C. White ("White") is an itinerant artist who earns a living by setting up an easel on a city's sidewalks and in parks and selling his paintings to passersby who take...

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