PRUETT v. HARRIS COUNTY BAIL BOND BD.

No. 05-20714.

499 F.3d 403 (2007)

Carl R. PRUETT; Scott Martin, Plaintiffs-Appellees-Cross-Appellants, v. HARRIS COUNTY BAIL BOND BOARD; Harris County, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

August 28, 2007.


Attorney(s) appearing for the Case

David Allen Furlow (argued), Thompson & Knight, Stacy Lynn Kelly, MacIntyre & McCulloch, Houston, TX, for Pruett and Martin.

Bruce S. Powers, Asst. Cty. Atty. (argued), George Andrew Nachtigall, Houston, TX, for Harris Cty. Bail Bond Bd. and Harris Cty.

Before HIGGINBOTHAM, WIENER, and CLEMENT, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

In response to the Petition for Rehearing filed by the defendants, we withdraw the prior panel opinion in its entirety and substitute the following.

Two bail bondsmen challenged a Texas statute restricting solicitation of potential customers as a denial of their First Amendment rights. The district court agreed. Concluding that all but one of the restrictions violates the bondsmen's right to commercial speech, we affirm...

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