Legal Opinion

Children of the Rosary v. City of Phoenix

Court of Appeals for the Ninth Circuit

Decided August 28, 1998No. 97-16821PublishedCited by 75 opinions

1Opinion of the Court

Opinion by Justice WHITE; Dissent by Judge NOONAN.

WHITE, Associate Justice (Ret.):

The issue presented in this appeal is whether there is a likelihood that limiting advertising on municipal buses to “speech which proposes a commercial transaction” violates the First Amendment. We hold that there is not a sufficient likelihood of a constitutional violation to justify the grant of a *975preliminary injunction and affirm the district court.

I

The city of Phoenix sells advertising space on the exterior panels of its buses for the purpose of raising revenue. Prior to November 1, 1996, the city’s…

2Cases cited31 opinions

  1. Grayned v. City of RockfordSupreme Court of the United States · 1972
  2. Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
  3. Grayned v. City of RockfordSupreme Court of the United States · 1972
  4. Perry Education Ass'n v. Perry Local Educators' Ass'nSupreme Court of the United States · 1983
  5. Central Hudson Gas & Electric Corp. v. Public Service CommissionSupreme Court of the United States · 1980

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3Cited by75 opinions

  1. Sammartano v. First Judicial District Court, in and for the County of Carson CityCourt of Appeals for the First Circuit · 2002
  2. Janette Hopper, and Sharon Rupp v. City of Pasco, and Arts Council of the Mid-Columbia RegionCourt of Appeals for the Ninth Circuit · 2001
  3. Ridley v. Massachusetts Bay Transportation AuthorityCourt of Appeals for the First Circuit · 2004
  4. Gail Anderson v. Milwaukee County and Milwaukee Transport Services, Inc.Court of Appeals for the Seventh Circuit · 2006
  5. Brown v. California Department of TransportationCourt of Appeals for the Ninth Circuit · 2003

70 more not listed; retrieve them via the Exa API.

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