Gonzales v. Free Speech Coalition

MICHAEL DALY HAWKINS, Circuit Judge:

The government appeals the district court’s award of attorneys’ fees to the Free Speech Coalition under the Equal Access to Justice Act (“EAJA”) because the court held the government was not “substantially justified” in defending the Child Pornography Prevention Act (“CPPA”). We reverse. Multiple objective indicia support the reasonableness of the government’s position, including the novelty of the issue involved and the government’s string of successes in defending the CPPA against constitutional attack. We conclude that reasonable minds could have…