Media Law Prof Blog

Editor: Christine A. Corcos
Louisiana State Univ.

Monday, June 6, 2005

9th Circuit Reversal in Free Speech Coalition Case

The 9th Circuit has reversed the award of attorney's fees in Gonzales v. Free Speech Coalition (the Child Pornography Prevention Act case). Saying "[w]e conclude that reasonable minds could have differed over the CPPA's constitutionality, especially where four sister circuits, the district court below, one member of the Ninth Circuit panel, and three Ninth Circuit judges dissenting from denial of rehearing en banc all determined the CPPA to be constitutional before the Supreme Court ultimately struck two sections as unconstitutional", the court found that the district court subsequently relied too heavily on "hindsight" to justify the award. Read the opinion here.

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