Legal Opinion
James Lombardo v. Bruce Warner, in His Official Capacity as Director of the Oregon Department of Transportation
Court of Appeals for the Ninth Circuit
Decided December 29, 2003No. 02-35269PublishedCited by 7 opinions
1Opinion of the Court
Opinion by Judge TASHIMA; Dissent by Judge B. FLETCHER
OPINION
TASHIMA, Circuit Judge:
James Lombardo appeals the dismissal of his First Amendment and Due Process challenges to the highway billboard provisions of the Oregon Motorist Information Act (“OMIA”). He seeks declaratory and injunctive relief on two grounds: (1) that the OMIA is a content-based regulation that favors commercial over non-commercial speech; and (2) that the OMIA vests unbridled discretion in state officials and lacks necessary procedural safeguards.1 We have jurisdiction pursuant to 28 U.S.C. § 1291, and we uphold the OMIA…
2Cases cited12 opinions
- Turner Broadcasting System, Inc. v. Federal Communications CommissionSupreme Court of the United States · 1994
- Freedman v. MarylandSupreme Court of the United States · 1965
- City of Lakewood v. Plain Dealer Publishing Co.Supreme Court of the United States · 1988
- Metromedia, Inc. v. City of San DiegoSupreme Court of the United States · 1981
- Philip Williamson Itzik Riefronda Kirlin Thomas Painter,plaintiffs-Appellants v. General Dynamics Corporation,opinionCourt of Appeals for the Ninth Circuit · 2000
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Edwards v. Wells Fargo and Co.Court of Appeals for the Ninth Circuit · 2010
- James Lombardo v. Bruce Warner, in His Official Capacity as Director of the Oregon Capacity as Director of the Oregon Department of TransportationCourt of Appeals for the Ninth Circuit · 2004
- GET OUTDOORS II, LLC v. City of San DiegoDistrict Court, S.D. California · 2005
- Lombardo v. WarnerOregon Supreme Court · 2006
- James Lombardo v. Bruce Warner, in His Official Capacity as Director of the Oregon Capacity as Director of the Oregon Department of TransportationCourt of Appeals for the Ninth Circuit · 2004
2 more not listed; retrieve them via the Exa API.