Legal Opinion

Klein v. City of San Clemente

Court of Appeals for the Ninth Circuit

Decided October 2, 2009No. 08-55015PublishedCited by 216 opinions

1Opinion of the Court

BERZON, Circuit Judge:

The City of San Clemente flatly prohibits the leafleting of unoccupied 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 for further proceedings consistent with this opinion.

Factual & Procedural Background

On June…

2Cases cited36 opinions

  1. Winter v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 2008
  2. Elrod v. BurnsSupreme Court of the United States · 1976
  3. United States v. O'BrienSupreme Court of the United States · 1968
  4. Ward v. Rock Against RacismSupreme Court of the United States · 1989
  5. Members of the City Council of Los Angeles v. Taxpayers for VincentSupreme Court of the United States · 1984

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3Cited by216 opinions

  1. Alliance for Wild Rockies v. CottrellCourt of Appeals for the Ninth Circuit · 2011
  2. Mark Baird v. Rob BontaCourt of Appeals for the Ninth Circuit · 2023
  3. Osu Student Alliance v. Ed RayCourt of Appeals for the Ninth Circuit · 2012
  4. Thalheimer v. City of San DiegoCourt of Appeals for the Ninth Circuit · 2011
  5. Crittenden v. AyersCourt of Appeals for the Ninth Circuit · 2010

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