Saturday, September 17, 2011

Ninth Circuit -- COMITE DE JORNALEROS V. CITY OF REDONDO

Municipal restrictions on day-laborers seeking work on the sidewalk are insufficiently narrowly-tailored regulations of content-neutral speech.

Concurrence in J: Designated place for day laborers would solve.

Special Concurrence:  It is content-based, but if it's content-neutral, there's a lack of alternative means of expression.

[Interesting - both the Concurrence in Judgment and the Special Concurrence seem to substantially join the majority's reasoning.  So, at least in the Ninth, these are (1) two different things and (2) much less dissenting than one might usually think.]

Deep Dissent [that's what Chief K calls it]: Nothing in the First Amendment prevents government from requiring that sidewalks be used for walking.


COMITE DE JORNALEROS V. CITY OF REDONDO
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.