BOARDMAN v. INSLEE

No. 19-35113.

978 F.3d 1092 (2020)

Bradley BOARDMAN, a Washington Individual Provider; Deborah Thurber, a Washington Family Childcare Provider; Shannon Benn, a Washington Family Childcare Provider; Freedom Foundation, a Washington nonprofit organization, Plaintiffs-Appellants, v. Jay Robert INSLEE, Governor of the State of Washington; Robert Hines, Director of the Washington Department of Social and Health Services (DSHS); Ross Hunter, Secretary of the Washington Department of Children, Youth, and Families (DCYF), Defendants-Appellees, Campaign to Prevent Fraud and Protect Seniors, Intervenor-Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 22, 2020.


Attorney(s) appearing for the Case

Susan K. Stahlfeld (argued), Miller Nash Graham & Dunn LLP, Seattle, Washington; Caleb Jon F. Vandenbos , Freedom Foundation, Olympia, Washington; for Plaintiffs-Appellants.

Peter B. Gonick (argued) and Callie A. Castillo , Deputy Solicitors General; Robert W. Ferguson , Attorney General, Office of the Attorney General, Olympia, Washington; for Defendants-Appellees.

Gregory J. Wong (argued), Paul J. Lawrence , and Claire E. McNamara , Pacifica Law Group LLP, Seattle, Washington, for Intervenor-Defendant-Appellee.

Dissent by Judge Bress.


OPINION

Although the decision whether to disclose government-controlled information is generally a "task which the Constitution has left to the political processes," Houchins v. KQED, Inc., 438 U.S. 1, 12, 98 S.Ct. 2588, 57 L.Ed.2d 553 (1978) (plurality opinion), the First...

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