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COYOTE PUB., INC. v. MILLER

No. 07-16633.

598 F.3d 592 (2010)

COYOTE PUBLISHING, INC., dba High Desert Advocate; Howard Copelan, Publisher of the High Desert Advocate; Bobbi A. Davis, dba the Shady Lady Ranch; DR Partners, dba Las Vegas CityLife; Steve Sebelius, Editor of Las Vegas CityLife, Plaintiffs-Appellees, v. Ross MILLER, in his official capacity as Secretary of State of the State of Nevada; Catherine Cortez Masto, in her official capacity as Attorney General of the State of Nevada; David Roger, in his official capacity as District Attorney of Clark County, Nevada, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed March 11, 2010.

Attorney(s) appearing for the Case

Allen Lichtenstein, Lee Rowland & Margaret A. McLetchie, ACLU of Nevada for the plaintiffs-appellees.

C. Wayne Howle, Esquire, Solicitor General of Nevada for the defendant-appellant.

Opinion by Judge BERZON; Concurrence by Judge NOONAN.

BERZON, Circuit Judge:

[A]s long as poverty makes virtue hideous and the spare pocket-money of rich bachelordom makes vice dazzling, [the] daily hand-to-hand fight against prostitution with prayer and persuasion, shelters and scanty alms, will be a losing one. —George Bernard Shaw, Preface to Mrs. Warren's Profession viii (1902)

The American experience with prostitution over the last hundred years is testament to the sagacity of Mr...

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