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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