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PORTER v. MARTINEZ

No. 21-55149.

64 F.4th 1112 (2023)

Susan PORTER, Plaintiff-Appellant, v. Kelly MARTINEZ, in her official capacity as Sheriff of San Diego County; Amanda Ray, as successor to Warren Stanley, in her official capacity as Commissioner of California Highway Patrol, Defendants-Appellees, and Warren Stanley, Defendant.

United States Court of Appeals, Ninth Circuit.

Submission Vacated March 17, 2022.

Resubmitted March 31, 2023 Pasadena, California.

Filed April 7, 2023.

Attorney(s) appearing for the Case

John David Loy (argued), First Amendment Coalition, San Rafael, California; J. Mark Waxman, Mikle S. Jew, Lindsey L. Pierce, and Benjamin J. Morris, Foley & Lardner LLP, San Diego, California; for Plaintiff-Appellant.

Jeffrey P. Michalowski (argued), Paul Plevin Sullivan & Connaughton LLP, San Diego, California; Timothy M. White, Senior Deputy, Office of County Counsel, County of San Diego, San Diego, California; for Defendant-Appellee Kelly Martinez, Sheriff of San Diego County.

Sharon L. O'Grady (argued), Deputy Attorney General; Paul E. Stein, Supervising Deputy Attorney General; Thomas S. Patterson, Senior Assistant Attorney General; Rob Bonta, Attorney General of California; Office of the California Attorney General; San Francisco, California; for Defendant-Appellee Amanda Ray, commissioner of California Highway Patrol.

David Snyder, First Amendment Coalition, San Rafael, California; G.S. Hans, Cornell Law School, Ithaca, New York; for Amicus Curiae First Amendment Coalition.

Dissent by Judge Berzon

OPINION

Appellant Susan Porter brings a First Amendment challenge to a California law that prohibits honking a vehicle's horn except when reasonably necessary to warn of a safety hazard. We hold that Porter has standing to challenge that law because, ever since she received a citation for impermissible horn use...

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