In upholding a San Diego County ordinance Monday, the 9th Circuit concluded that the law that makes picketers stay 300 feet away from the home they are protesting is constitutional. The picketers could have won a facial challenge if they could show the law was unconstitutional "in every conceivable application," according to the decision. But as their own protest had shown -- the home they targeted was at least 300 feet away from the street -- the law was not always too restrictive.
September 21, 2006 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
Plaintiffs in San Diego County picked the wrong test case to challenge a local law limiting protests outside people’s homes.
In upholding the ordinance Monday, a 9th U.S. Circuit Court of Appeals panel disagreed with some of Southern District of California Judge Rudi Brewster’s reasoning but ultimately agreed with his conclusion: The 4-year-old law that makes picketers stay 300 feet away from the home they are protesting is constitutional.
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