Legal Opinion
Project 80's, Inc. And David John Fitzen v. City of Pocatello and the City of Idaho Falls, Idaho
Court of Appeals for the Ninth Circuit
Decided May 25, 1989No. 86-4348PublishedCited by 9 opinions
1Opinion of the Court
CANBY, Circuit Judge:
This action challenges the constitutionality of two ordinances that ban uninvited residential door-to-door solicitation. The district court concluded that the ordinances did not violate appellants’ First Amendment right of commercial speech, and it accordingly granted summary judgment for the defendants. We reverse.
FACTS
The two ordinances are almost identical. The Idaho Falls ordinance provides:
UNINVITED PEDDLERS PROHIBITED: The practice of going in and upon private residences in the Municipality by solicitors, peddlers, hawkers, itinerant merchants or transient vendors…
2Cases cited42 opinions
- Younger v. HarrisSupreme Court of the United States · 1971
- Grayned v. City of RockfordSupreme Court of the United States · 1972
- Grayned v. City of RockfordSupreme Court of the United States · 1972
- Central Hudson Gas & Electric Corp. v. Public Service CommissionSupreme Court of the United States · 1980
- Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc.Supreme Court of the United States · 1976
37 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Ex Parte TucciTexas Supreme Court · 1993
- Gaudiya Vaishnava Society, a California Religious Non-Profit Corporation v. City and County of San FranciscoCourt of Appeals for the Ninth Circuit · 1991
- Project 80's, Inc. And David John Fitzen v. City of Pocatello and the City of Idaho Falls, IdahoCourt of Appeals for the Ninth Circuit · 1991
- Diamond v. City of TaftDistrict Court, E.D. California · 1998
- City of Tiffin v. BoorOhio Court of Appeals · 1996
4 more not listed; retrieve them via the Exa API.