AMERICANS FOR PROSPERITY FOUNDATION, Plaintiff-Appellee,
v.
Xavier BECERRA, in his Official Capacity as Attorney General of California, Defendant-Appellant.
Americans for Prosperity Foundation, Plaintiff-Appellant,
v.
Xavier Becerra, in his Official Capacity as Attorney General of California, Defendant-Appellee.
Thomas More Law Center, Plaintiff-Appellee,
v.
Xavier Becerra, in his Official Capacity as Attorney General of the State of California, Defendant-Appellant.
Thomas More Law Center, Plaintiff-Appellant,
v.
Xavier Becerra, in his Official Capacity as Attorney General of the State of California, Defendant-Appellee.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted June 25, 2018, Pasadena, California.
David Weiner and Robert Leider , Arnold & Porter Kaye Scholer LLP, Washington, D.C., for Amicus Curiae The Philanthropy Roundtable.
Keith Joseph Miller , Assistant Attorney General; Dominic E. Draye , Solicitor General; Mark Brnovich , Attorney General; Office of the Attorney General, Phoenix, Arizona, for Amici Curiae States of Arizona, Alabama, Louisiana, Michigan, Nevada, Texas, and Wisconsin.
Mark Joseph Fitzgibbons , American Target Advertising, Manassas, Virginia, for Amicus Curiae American Target Advertising, Inc.
Allyson Newton Ho and John C. Sullivan , Gibson Dunn & Crutcher LLP, Dallas, Texas; C. Dean McGrath Jr. , McGrath & Associates, Washington, D.C.; for Amici Curiae Pacific Research Institute, Cato Institute, and Competitive Enterprise Institute.
Brian Timothy Burgess , Goodwin Procter LLP, Washington, D.C.; David J. Zimmer , Goodwin Procter LLP, Boston, Massachusetts; for Amici Curiae NAACP Legal Defense and Educational Fund, Inc.
Andrew P. Pugno , Law Offices of Andrew P. Pugno, Fair Oaks, California, for Amicus Curiae Proposition 8 Legal Defense Fund.
Herbert W. Titus , Jeremiah L. Morgan , William J. Olson , and Robert J. Olson , William J. Olson P.C., Vienna, Virginia; Joseph W. Miller , Ramona, California; Michael Boos , Washington, D.C.; for Amici Curiae Free Speech Defense and Education Fund, Free Speech Coalition, Citizens United, Citizens United Foundation, National Right to Work Committee, U.S. Constitutional Rights Legal Defense Fund, U.S. Justice Foundation, Family Research Council, Western Center for Journalism, Conservative Legal Defense and Education Fund, The Leadership Institute, Public Advocate of the United States, Downsize DC Foundation, Downsize. Org, Gun Owners Foundation, Gun Owners of America, 60 Plus, 60 Plus Association, America's Foundation for Law and Liberty, America's Liberty Committee, Citizen Outreach Foundation, Citizen Outreach, LLC, Law Enforcement Alliance of America, Liberty Guard, Coalition for a Strong America, The Jesse Helms Center, Americans for Constitutional Liberty, Catholicvote.org, Eberle Communications Group, Inc., Clearword Communications Group, Davidson & Co., and JFT Consulting.
Before: Raymond C. Fisher, Richard A. Paez and Jacqueline H. Nguyen, Circuit Judges.
OPINION
FISHER, Circuit Judge:
We address the constitutionality of a California charitable registration requirement as applied to two nonprofit organizations that solicit tax-deductible contributions in the state. Americans for Prosperity Foundation (the Foundation) and Thomas More Law...
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