Cindy Garcia v. Google, Inc.

REINHARDT,

dissenting from initial denial of emergency rehearing en banc (although agreeing with opinion of the en banc court):

This is a case in which our court not only tolerated the infringement of fundamental First Amendment rights but was the architect of that infringement. First we issued an order that prohibited the public from seeing a highly controversial film that pertained to an ongoing global news story of immense public interest. Then we ordered that the public could see it only if edited to exclude a particular scene, thereby conditioning freedom of expression on .a judicially…