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ARIZONA LIFE COALITION INC. v. STANTON

No. 05-16971.

515 F.3d 956 (2008)

ARIZONA LIFE COALITION INC., an Arizona nonprofit corporation; Gary Paisley, an individual, Plaintiffs-Appellants, v. Stacey STANTON, Arizona License Plate Commission Chair, in her personal capacity; Michael Frias, Arizona License Plate Commission mem ber, in his personal capacity; Brian Lang, Arizona License Plate Commission member, in his personal' capacity; John Spearman, Arizona License Plate Commission member, in his personal capacity; Jackie Allgood, Arizona Motor Vehicle Division legislative liaison, in her personal capacity; Terry Connor, individually and in his capacity as an Arizona License Plate Commission member; William A. Ordway, in his official capacity as an Arizona License Plate Commission member; Lela Steffey, in her official capacity as an Arizona License Plate Commission member, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 28, 2008.

Attorney(s) appearing for the Case

Jeffrey A. Shafer (argued), Alliance Defense Fund, Washington, D.C.; Benjamin W. Bull, Alliance Defense Fund, Scottsdale, AZ; Peter A. Gentala, The Center for Arizona Policy, Scottsdale, AZ; Gary S. McCaleb, Alliance Defense Fund, Scottsdale, AZ, for the plaintiffs-appellants.

Daniel P. Schaack (argued), Assistant Attorney General, Phoenix, AZ; James R. Morrow, Assistant Attorney General, Liability Management Section, Phoenix, AZ, for the defendants-appellees.

Denise M. Burke, Women's Choice Pregnancy Clinic, Chicago, IL, for the amicus curiae.

Before: DAVID R. THOMPSON and RICHARD C. TALLMAN, Circuit Judges, and KEVIN THOMAS DUFFY, Senior United States District Judge.

TALLMAN, Circuit Judge:

Arizona Life. Coalition ("Life Coalition") appeals a summary judgment in favor of Stacey Stanton and other members of the Arizona License Plate Commission (collectively the "Commission"). Life Coalition contends that the Commission violated its First Amendment right to free speech and Fourteenth Amendment right to equal protection by arbitrarily denying its application for a special' Arizona organization license plate that would portray its...

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