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PROJECT VERITAS v. SCHMIDT

No. 22-35271.

72 F.4th 1043 (2023)

PROJECT VERITAS; Project Veritas Action Fund, Plaintiffs-Appellants, v. Michael SCHMIDT, in his official capacity as Multnomah County District Attorney; Ellen Rosenblum, in her official capacity as Oregon Attorney General, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 3, 2023.

Attorney(s) appearing for the Case

Benjamin Barr (argued), Barr & Klein PLLC, Bull Valley, Illinois; Stephen Klein , Barr & Klein PLLC, Washington, D.C.; for Plaintiffs-Appellants.

Philip M. Thoennes (argued), Assistant Attorney General; Michael A. Casper , Senior Assistant Attorney General; Benjamin Gutman , Solicitor General; Ellen F. Rosenblum , Attorney General of Oregon; Office of the Oregon Attorney General; Salem, Oregon; for Defendants-Appellees.

Dissent by Judge Christen.

OPINION

Oregon law generally prohibits unannounced recordings of conversations, subject to several exceptions. We conclude that Oregon's law is a content-based restriction that violates the First Amendment right to free speech and is therefore invalid on its face.

I

A

Section 165.540(1...

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