9th Circuit rules that Prop 8 group can keep its strategy emails secret

The 9th Circuit has ruled that forcing an anti-gay marriage group to turn over internal e-mails would violate the group's First Amendment rights.  The interlocutory ruling stems out of federal litigation challenging California's Proposition 8. Lawyers for gay couples had sought discovery of internal campaign communications relating to campaign strategy and advertising by Prop 8 proponents in order to support their argument that “[t]he disadvantage Prop. 8 imposes on gays and lesbians is the result of disapproval or animus against a politically unpopular group” in violation of the Constitution's equal protection and due process clauses.  The full 9th Circuit opinion is available here.

UCLA law professor and blogger Eugene Volokh questions whether the 9th Circuit got the law right.

-SS