SAN FRANCISCO — It was back to the 2004 campaign trail Monday for the U.S. Court of Appeals for the Ninth Circuit.
A three-judge panel said protesters who were forcibly removed from demonstrating against President George W. Bush during a campaign stop in Oregon can proceed with their First Amendment claims. Plaintiffs allege they were peacefully protesting when the U.S. Secret Service ordered them moved from the president’s motorcade route, while pro-Bush demonstrators were allowed to stay closer, creating a plausible facial claim of viewpoint discrimination, Judge Marsha Berzon wrote for the panel. N. Randy Smith and visiting Judge David Ebel, a senior judge at the Tenth Circuit, joined Berzon.
