LEGAL AID SERVICES OF OR. v. LEGAL SERVICES CORP.

Nos. 08-35467, 08-35483, 08-35492.

587 F.3d 1006 (2009)

LEGAL AID SERVICES OF OREGON; Arron Guevara; Janice Morgan; Sharon Lee Schwartz; Donna Sather, Plaintiffs-Appellants, and Oregon Law Center; David Henretty; Diane Schwartz Sykes; Lorey Freeman; Community Alliance of Tenants; Campaign for Equal Justice, Plaintiffs, v. LEGAL SERVICES CORPORATION, Defendant-Appellee, United States of America, Defendant-Intervenor-Appellee. Legal Aid Services of Oregon; Arron Guevara; Janice Morgan; Sharon Lee Schwartz; Donna Sather; Oregon Law Center; David Henretty; Diane Schwartz Sykes; Lorey Freeman; Community Alliance of Tenants, Plaintiffs, and Campaign for Equal Justice, Plaintiff-Appellant, v. Legal Services Corporation, Defendant-Appellee, United States of America, Defendant-Intervenor-Appellee. Legal Aid Services of Oregon; Arron Guevara; Janice Morgan; Sharon Lee Schwartz; Donna Sather, Plaintiffs, Campaign for Equal Justice, Plaintiff, and Oregon Law Center; David Henretty; Diane Schwartz Sykes; Lorey Freeman; Community Alliance of Tenants, Plaintiffs-Appellants, v. Legal Services Corporation, Defendant-Appellee, United States of America, Defendant-Intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed November 23, 2009.


Attorney(s) appearing for the Case

Stephen S. Walters (argued), Allen Matkins Leck Gamble Mallory & Natsis, San Francisco, CA, and Beverly C. Pearman, Stoel Rives, Portland, OR, for plaintiffs-appellants, Legal Aid Services of Oregon and LASO plaintiffs.

Don H. Marmaduke, Tonkon Torp, Portland, OR, for plaintiffs-appellants, Oregon Law Center and OLC plaintiffs.

Kent B. Thurber, Davis Wright Tremaine, Portland, OR, for plaintiff-appellant, Campaign for Equal Justice.

William S. Freeman, Palo Alto, CA, for defendant-appellee.

Matthew M. Collette, Civil Division, U.S. Department of Justice, Washington, DC, for defendant-intervenor-appellant.

Opinion by Judge TASHIMA; Dissent by Judge PREGERSON.


TASHIMA, Circuit Judge:

We must determine whether restrictions on lobbying, soliciting clients, participating in class actions, and seeking attorneys' fees (collectively, the "Restrictions") that Congress has imposed on legal aid organizations that receive federal grants through the Legal Services Corporation ("LSC"), comport with the requirements of the First Amendment. In Legal Aid Soc'y of Haw. v. Legal Serv. Corp., 145 F.3d 1017

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