Legal Opinion

Recycle for Change v. City of Oakland

Court of Appeals for the Ninth Circuit

Decided May 9, 2017No. 16-15295PublishedCited by 33 opinions

1Opinion of the Court

OPINION

GOULD, Circuit Judge:

Recycle for Change (“RFC”), a California non-profit corporation, challenges the City of Oakland’s (“Oakland”) ordinance regulating unattended donation collection boxes (“UDCBs”) as inconsistent with the First Amendment. RFC sought a preliminary injunction from the district court, which the court denied. RFC appeals that order. Assuming UDCBs constitute protected speech or expressive conduct—an issue we do not decide—we hold that RFC is unlikely to succeed on the merits of its First Amendment claim because the ordinance is content neutral and survives intermediate…

2Cases cited30 opinions

  1. Winter v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 2008
  2. Elrod v. BurnsSupreme Court of the United States · 1976
  3. United States v. O'BrienSupreme Court of the United States · 1968
  4. Ward v. Rock Against RacismSupreme Court of the United States · 1989
  5. Alliance for Wild Rockies v. CottrellCourt of Appeals for the Ninth Circuit · 2011

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3Cited by33 opinions

  1. Fellowship of Christian Athletes v. San Jose Unified School District Board of EducatioCourt of Appeals for the Ninth Circuit · 2023
  2. Mohamed Sabra v. Maricopa County Community CollCourt of Appeals for the Ninth Circuit · 2022
  3. Josephine Havlak Photographer, Inc. v. Village of Twin OaksCourt of Appeals for the Eighth Circuit · 2017
  4. Pacific Coast Horseshoeing v. Kimberly KirchmeyerCourt of Appeals for the Ninth Circuit · 2020
  5. Fort Lauderdale Food Not Bombs v. City of Fort LauderdaleCourt of Appeals for the Eleventh Circuit · 2021

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