Legal Opinion

Benito Acosta v. City of Costa Mesa

Court of Appeals for the Ninth Circuit

Decided May 3, 2013No. 10-56854PublishedCited by 56 opinions

1Opinion of the Court

OPINION

2Per curiam

Costa Mesa Municipal Code § 2-61 makes it a misdemeanor for members of the public who speak at City Council meetings to engage in “disorderly, insolent, or disruptive behavior.” Benito Acosta (“Acosta”) was removed from the Costa Mesa City Council meeting for an alleged violation of the ordinance. Acosta appeals the district court’s dismissal of his First Amendment facial challenge to the ordinance. He also appeals the district court’s grant of partial summary judgment in favor of the California city and various individual police officers on his state-law free speech claims and his…

3Cases cited68 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Graham v. ConnorSupreme Court of the United States · 1989
  3. Pearson v. CallahanSupreme Court of the United States · 2009
  4. Anderson v. CreightonSupreme Court of the United States · 1987
  5. Reeves v. Sanderson Plumbing Products, Inc.Supreme Court of the United States · 2000

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4Cited by56 opinions

  1. Perry, Ex Parte James Richard "Rick"Court of Criminal Appeals of Texas · 2016
  2. Ernest Foster, Sr. v. Jeremy HellawellCourt of Appeals for the Ninth Circuit · 2018
  3. Brian Ballentine v. Christopher TuckerCourt of Appeals for the Ninth Circuit · 2022
  4. Tasha Williamson v. City of National CityCourt of Appeals for the Ninth Circuit · 2022
  5. State v. FyfeAlaska Supreme Court · 2016

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