To do week of march 8th. Is the neighborhood association thingy on monday nights at tuxedo?
file ada complaints, three of them, line up ada lawyer, due to fee-shifting.
work on chiu brief.
structure of argument.
gura
brings this case as a test case for bonta, but in the process has made
bad law. the 9th circuit decision is both controlling and wrong, which
puts this court in an awkward position.
the
point of my brief is to show alternative grounds which are part of the
bonta analysis. california constitutional case law is determinative. if
tthe ordinanc eis void under the state constitution, san francisco's
asserted state interests are not legitimate.
talley, nifla, bonjiorni canon city schuster yick wo ghafari griset.
conflict
w other 9th circ decisions majic mike berger v seatlle rosen v port of
portland anonymous speakers case and the plum fees gerwan case
13 of 15 state constitutional decisions found the speech protected. Those are persuasive precedent.
50 cases, mostly relying on talley or mcintyre, agree with us.
a handful of cases on the other side seymour, majors, kyrtl v riley?
barnett tornillo wooley aclf watchtower mcintyre talley bates naacp v alabama gobitis.
The
traditional argument: SFCA's censorship of core political speech
violates the 14th amendment, due process equal protection and privileges
or immunities.
It violates the first amendment's speech press privacy petition and assembly rights.
It violates at least 3 state clauses, speech equal protection privacy. Schuster, Ghafari, Anonymous online Speakers.
Under
the Bonta analysis, the asserted state interests here are not
legitimate, important, compelling, overridding, or whathaveyew.
Ordinarily
one would only need to point to the controlling cases, Talley McInytre
Aclf, Watchtower, Tornillo, Riley, 303 LLC NIFLA Janus and so forth.
But hete plaintiffs have chosen Bonta only, as a test case.
The
9th circuit rejected this argument, at least in terms of applying the
bonta test to the text of the ordinance as a filter. The bonta test is a
recent reformulation of the Valeo means-ends test. legitimate state
interests the regulation directly furthers a legitimate state interest
and is narrowly tailored. This test is often called "exacting scrutiny".
Because
exacting scrutiny is a contronym, depending on context, it can be
confusing, especially for non experts. A word means what I say it means,
the (critter) told Alice.
However,
this is a euphemism. Under Valeo and now Bonta, scrutiny was not close,
but was far away. "Exacting scrutiny" under Valeo was anything but
exacting. Dictionary definition of exacting.
So
ti's not that. So instead its a term of art. When we say "exacting
scrutiny this is a term of art, ,and may refer to either of two lines of
cases, the disclosure cases under Valeo, such as Bates, NAACP,
Socialist Workers.
or the disclaimer cases, Talley McIntyre ACLF Watchtower NIFLA.
Under McIntyre,
Under a different line of cases,