Sanctity of Human Life Network v. California Highway Patrol

SCOTLAND, P. J., Dissenting.

As will soon become apparent, I strongly disagree with the majority’s analysis—an analysis that should be terrifying to any person who drives on a freeway.

As the parties and the trial court recognized, this case poses a relatively straightforward question. Is a freeway overpass a public forum that demonstrators can use to communicate their message to freeway motorists passing below?

In declining to decide this question, the majority takes a wrong turn that in effect invites groups or individuals to demonstrate on freeway overpasses, leaving them and the California…