Maura Healey , Attorney General of Massachusetts, and Genevieve C. Nadeau , Deputy Chief, Civil Rights Division, on brief for Commonwealth of Massachusetts, amicus curiae.
Tracy Reeve , City Attorney, and Harry Auerbach , Chief Deputy City Attorney, on brief for City of Portland (Oregon), amicus curiae.
Donna L. Edmundson , City Attorney, on brief for City of Houston, amicus curiae.
Shelley R. Smith , City Solicitor, on brief for Michael A. Nutter, Mayor of Philadelphia, amicus curiae.
Jeffrey Dana , City Solicitor, on brief for City of Providence and Mayor Jorge O. Elorza, amicus curiae.
Stacey J. Rappaport and Milbank, Tweed, Hadley & McCloy LLP on brief for Covenant House, Demand Abolition, ECPAT-USA, Human Rights Project for Girls, My Life, My Choice of Justice Resource Institute, National Crime Victim Law Institute, Sanctuary for Families, and Shared Hope International, amici curiae.
Before BARRON, Circuit Judge, SOUTER, Associate Justice, and SELYA, Circuit Judge.
SELYA, Circuit Judge.
This is a hard case—hard not in the sense that the legal issues defy resolution, but hard in the sense that the law requires that we, like the court below, deny relief to plaintiffs whose circumstances evoke out-rage. The result we must reach is rooted in positive law. Congress addressed the right to publish the speech...
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