Harlan Jacobsen v. Richard Howard

JOHN R. GIBSON, Circuit Judge.

Richard Howard, Secretary of State of South Dakota Transportation, and Jeff Holden, Director of South Dakota Highway Safety and Motor Vehicles, appeal from the district court’s 1 order declaring unconstitutional three South Dakota statutes, that prohibit newspaper vending' machines at interstate rest areas, and enjoining Howard and Holden from enforcing the statutes against Harlan L. Jacobsen, a newspaper publisher and distributor. Howard and Holden argue that the district court erred in concluding that the statutes were unconstitutional under the First Amendment…