Legal Opinion

City of San Jose v. Superior Court

California Court of Appeal

Decided February 15, 1995No. H013078PublishedCited by 8 opinions

1Opinion of the Court

Opinion

WUNDERLICH, J.

The respondent superior court has declared unconstitutional, under the First Amendment, a San Jose city ordinance which outlaws targeted picketing within 300 feet of a targeted residence. The City of San Jose seeks expedited review of this decision by writ of mandate. Although the ordinance does not apply specifically to anti-abortion protesters, the present controversy arose when real parties in interest were charged with anti-abortion picketing within the proscribed distance of the homes of staff members of a clinic where abortions are performed.

Procedural History of…

2Cases cited28 opinions

  1. Marbury v. MadisonSupreme Court of the United States · 1803
  2. Broadrick v. OklahomaSupreme Court of the United States · 1973
  3. Ward v. Rock Against RacismSupreme Court of the United States · 1989
  4. Village of Euclid v. Ambler Realty Co.Supreme Court of the United States · 1926
  5. Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc.Supreme Court of the United States · 1976

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3Cited by8 opinions

  1. Planned Parenthood v. Superior CourtCalifornia Court of Appeal · 2000
  2. Thanh Thuy Vo v. City of Garden GroveCalifornia Court of Appeal · 2004
  3. Aguilar v. Avis Rent a Car System, Inc.California Supreme Court · 1999
  4. Klein v. San Diego CountyCourt of Appeals for the Ninth Circuit · 2006
  5. Klein v. San Diego CountyCourt of Appeals for the Ninth Circuit · 2006

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