Ninth Circuit Strikes Down Leafleting Prohibition

Klein v. City of San Clemente, No. 08-55015 (9th Cir. Oct. 2, 2009) (here):

The City of San Clemente flatly prohibits the leafleting ofunoccupied vehicles parked on city streets. We conclude that petitioners are likely to succeed in demonstrating that the City’s justification for its prohibition is insufficient and that they have otherwise met the requirements for obtaining a preliminary injunction enjoining enforcement of the prohibition.We therefore reverse the district court’s order denying petitioners’ motion for a preliminary injunction and remand forfurther proceedings consistent with this opinion.

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