los
angeles
police
department
reporting
publishing
argued
october
decided
december
respondent
publishing
company
provides
names
addresses
recently
arrested
individuals
customers
include
attorneys
insurance
companies
drug
alcohol
counselors
driving
schools
received
information
petitioner
california
state
local
law
enforcement
agencies
state
amended
cal
govt
code
require
person
requesting
arrestee
address
declare
request
made
one
five
prescribed
purposes
address
used
directly
indirectly
sell
product
service
respondent
sought
declaratory
injunctive
relief
hold
amendment
unconstitutional
first
fourteenth
amendments
federal
district
ultimately
granted
respondent
summary
judgment
construed
respondent
claim
presenting
facial
challenge
amended
affirming
ninth
circuit
concluded
statute
unconstitutionally
restricts
commercial
speech
held
respondent
cases
entitled
prevail
facial
attack
allowance
first
amendment
overbreadth
challenge
statute
exception
traditional
rule
person
statute
may
constitutionally
applied
may
challenge
statute
ground
may
conceivably
applied
unconstitutionally
others
situations
new
york
ferber
overbreadth
doctrine
strong
medicine
employed
last
resort
least
purposes
facial
invalidation
petitioner
correct
abridgment
anyone
right
engage
speech
simply
law
regulating
access
information
government
hands
case
government
prohibiting
speaker
conveying
information
speaker
already
possesses
california
law
merely
requires
respondent
qualify
statute
wishes
obtain
arrestees
addresses
california
decide
give
arrestee
information
without
violating
first
amendment
cf
houchins
kqed
extent
respondent
facial
challenge
seeks
rely
statute
effect
parties
respondent
potential
customers
example
claim
fall
within
case
law
allowing
courts
entertain
facial
challenges
threat
prosecution
see
gooding
wilson
cut
funds
see
national
endowment
arts
finley
hangs
heads
alternative
bases
affirmance
urged
respondent
remain
open
remand
properly
presented
preserved
ninth
circuit
pp
reversed
rehnquist
delivered
opinion
scalia
souter
thomas
ginsburg
breyer
joined
scalia
filed
concurring
opinion
thomas
joined
ginsburg
filed
concurring
opinion
souter
breyer
joined
stevens
filed
dissenting
opinion
kennedy
joined
los
angeles
police
department
petitioner
reporting
publishing
corporation
writ
certiorari
appeals
ninth
circuit
december
chief
justice
rehnquist
delivered
opinion
california
government
code
places
two
conditions
public
access
arrestees
addresses
person
requesting
address
declare
request
made
one
five
prescribed
purposes
requestor
also
declare
address
used
directly
indirectly
sell
product
service
district
permanently
enjoined
enforcement
statute
appeals
affirmed
holding
statute
facially
invalid
unduly
burdens
commercial
speech
hold
statutory
section
question
subject
facial
challenge
petitioner
los
angeles
police
department
maintains
records
relating
arrestees
respondent
reporting
publishing
corporation
private
publishing
service
provides
names
addresses
recently
arrested
individuals
customers
include
attorneys
insurance
companies
drug
alcohol
counselors
driving
schools
july
respondent
received
arrestees
names
addresses
old
version
generally
required
state
local
law
enforcement
agencies
make
public
name
address
occupation
every
individual
arrested
agency
cal
govt
code
west
effective
july
state
legislature
amended
limit
public
access
arrestees
victims
current
addresses
amended
statute
provides
state
local
law
enforcement
agencies
shall
make
public
current
address
every
individual
arrested
agency
current
address
victim
crime
requester
declares
penalty
perjury
request
made
scholarly
journalistic
political
governmental
purpose
request
made
investigation
purposes
licensed
private
investigator
except
address
victim
certain
crimes
shall
remain
confidential
address
information
obtained
pursuant
paragraph
shall
used
directly
indirectly
sell
product
service
individual
group
individuals
requester
shall
execute
declaration
effect
penalty
perjury
cal
govt
code
west
supp
sections
require
state
local
law
enforcement
agencies
make
public
inter
alia
name
occupation
physical
description
including
date
birth
every
individual
arrested
agency
well
circumstances
arrest
thus
amended
limits
access
arrestees
addresses
effective
date
amendment
respondent
sought
declaratory
injunctive
relief
pursuant
hold
amendment
unconstitutional
first
fourteenth
amendments
constitution
effective
date
statute
petitioner
law
enforcement
agencies
denied
respondent
access
address
information
according
respondent
respondent
employees
sign
section
declarations
brief
respondent
respondent
allege
nothing
record
indicates
ever
declar
ed
penalty
perjury
requesting
information
one
prescribed
purposes
use
address
information
directly
indirectly
sell
product
service
required
statute
see
respondent
amended
complaint
sought
temporary
restraining
order
district
issued
temporary
restraining
order
days
later
issued
preliminary
injunction
respondent
filed
motion
summary
judgment
granted
granting
motion
district
construed
respondent
claim
presenting
facial
challenge
amended
reporting
publishing
lungren
supp
sd
cal
held
statute
facially
invalid
first
amendment
appeals
affirmed
district
facial
invalidation
reporting
publishing
california
highway
patrol
concluded
statute
restricted
commercial
speech
entitled
limited
measure
protection
commensurate
subordinate
position
scale
first
amendment
values
ibid
quoting
ohralik
ohio
state
bar
applied
test
set
central
hudson
gas
elec
public
serv
found
asserted
governmental
interest
protecting
arrestees
privacy
substantial
held
numerous
exceptions
journalistic
scholarly
political
governmental
investigative
purposes
render
statute
unconstitutional
first
amendment
noted
aving
one
name
crime
address
printed
local
paper
far
greater
affront
privacy
receiving
letter
attorney
substance
abuse
counselor
driving
school
eager
help
one
overcome
present
difficulties
fee
naturally
thus
exceptions
undermine
counteract
asserted
governmental
interest
preserving
arrestees
privacy
ibid
thus
appeals
affirmed
district
grant
summary
judgment
favor
respondent
upheld
injunction
enforcement
granted
certiorari
hold
respondent
cases
entitled
prevail
facial
attack
respondent
primary
argument
district
appeals
invalid
face
respondent
maintains
position
believe
cases
hold
otherwise
traditional
rule
person
statute
may
constitutionally
applied
may
challenge
statute
ground
may
conceivably
applied
unconstitutionally
others
situations
new
york
ferber
citing
broadrick
oklahoma
prototypical
exceptions
traditional
rule
first
amendment
challenges
statutes
based
first
amendment
overbreadth
least
statutes
regulate
proscribe
speech
transcendent
value
society
constitutionally
protected
expression
deemed
justify
allowing
attacks
overly
broad
statutes
requirement
person
making
attack
demonstrate
conduct
regulated
statute
drawn
requisite
narrow
specificity
gooding
wilson
quoting
dombrowski
pfister
deemed
necessary
persons
whose
expression
constitutionally
protected
may
well
refrain
exercising
right
fear
criminal
sanctions
provided
statute
susceptible
application
protected
expression
gooding
wilson
supra
see
also
thornhill
alabama
gooding
example
defendant
one
group
picketed
army
headquarters
building
carrying
signs
opposing
vietnam
war
confrontation
police
occurred
result
gooding
charged
using
opprobrious
words
abusive
language
tending
cause
breach
peace
thornhill
defendant
prosecuted
violation
statute
forbidding
person
picket
works
place
business
persons
firms
corporations
associations
persons
purpose
hindering
delaying
interfering
injuring
lawful
business
enterprise
say
threat
criminal
prosecution
necessary
condition
entertainment
facial
challenge
permitted
attacks
statutes
appropriate
circumstances
threat
present
see
national
endowment
arts
finley
entertaining
facial
challenge
public
funding
scheme
suitum
tahoe
regional
planning
agency
entertaining
landowner
facial
challenge
local
redevelopment
plan
anderson
edwards
entertaining
facial
challenge
state
regulation
restructuring
disbursal
welfare
benefits
allowance
facial
overbreadth
challenge
statute
exception
traditional
rule
person
statute
may
constitutionally
applied
may
challenge
statute
ground
may
conceivably
applied
unconstitutionally
others
situations
ferber
citing
broadrick
supra
general
rule
reflects
two
cardinal
principles
constitutional
order
personal
nature
constitutional
rights
prudential
limitations
constitutional
adjudication
focusing
factual
situation
us
similar
cases
necessary
development
constitutional
rule
face
flesh
blood
legal
problems
data
relevant
adequate
informed
judgment
id
footnotes
omitted
even
though
challenge
based
first
amendment
overbreadth
doctrine
casually
employed
effects
striking
statute
face
request
one
whose
conduct
may
punished
despite
first
amendment
recognized
overbreadth
doctrine
strong
medicine
employed
hesitation
last
resort
citing
broadrick
supra
acial
overbreadth
adjudication
exception
traditional
rules
practice
function
limited
one
outset
attenuates
otherwise
unprotected
behavior
forbids
state
sanction
moves
pure
speech
toward
conduct
conduct
even
expressive
falls
within
scope
otherwise
valid
criminal
laws
quoting
broadrick
supra
see
also
board
airport
los
angeles
jews
jesus
appeals
held
facially
invalid
first
amendment
petitioner
contends
section
question
abridgment
anyone
right
engage
speech
commercial
otherwise
simply
law
regulating
access
information
hands
police
department
believe
least
purposes
facial
invalidation
petitioner
view
correct
case
government
prohibiting
speaker
conveying
information
speaker
already
possesses
see
rubin
coors
brewing
california
statute
question
merely
requires
respondent
wishes
obtain
addresses
arrestees
must
qualify
statute
respondent
attempt
qualify
therefore
denied
access
addresses
purposes
assessing
propriety
facial
invalidation
us
nothing
governmental
denial
access
information
possession
california
decide
give
arrestee
information
without
violating
first
amendment
cf
houchins
kqed
extent
respondent
facial
challenge
seeks
rely
effect
statute
parties
potential
customers
example
claim
fit
within
case
law
allowing
courts
entertain
facial
challenges
threat
prosecution
example
see
gooding
cutoff
funds
see
nea
hangs
heads
may
seek
access
statute
respondent
without
incurring
burden
prospect
request
denied
resort
facial
challenge
warranted
possibility
protected
speech
muted
bates
state
bar
arizona
appeals
therefore
wrong
facially
invalidate
respondent
urges
several
grounds
alternative
bases
affirmance
none
passed
appeals
remain
open
remand
properly
presented
preserved
judgment
appeals
accordingly
reversed
los
angeles
police
department
petitioner
reporting
publishing
corporation
writ
certiorari
appeals
ninth
circuit
december
justice
scalia
justice
thomas
joins
concurring
join
opinion
agree
insofar
case
presents
facial
challenge
statute
fact
formally
nothing
restriction
upon
access
government
information
determinative
says
fact
eliminates
chill
upon
speech
allow
plaintiff
complain
application
statute
someone
understand
opinion
addressing
challenge
statute
leaving
question
open
upon
remand
seems
permissible
course
since
appeals
judgment
affirmed
without
qualification
judgment
district
rested
exclusively
upon
facial
unconstitutionality
statute
hence
purported
invalidate
applications
though
portions
appeals
opinion
address
particular
circumstances
respondent
read
narrowing
facial
invalidation
offering
invalidation
alternative
ground
affirmance
agree
justice
ginsburg
renders
statute
immune
facial
challenge
necessarily
renders
immune
challenge
well
law
formally
merely
restriction
upon
access
information
subjects
speaker
risk
prosecution
hence
need
protect
speakers
allowing
someone
else
raise
challenges
law
entirely
different
question
whether
restriction
upon
access
allows
access
press
effect
makes
information
part
public
domain
time
denies
access
persons
wish
use
information
certain
speech
purposes
reality
restriction
upon
speech
rather
upon
access
government
information
question
subsequent
question
whether
restriction
upon
speech
application
respondent
justified
addressed
opinion
los
angeles
police
department
petitioner
reporting
publishing
corporation
writ
certiorari
appeals
ninth
circuit
december
justice
ginsburg
justice
justice
souter
justice
breyer
join
concurring
join
opinion
recognizes
california
government
code
properly
analyzed
restriction
access
government
information
restriction
protected
speech
see
ante
sufficient
reason
reverse
ninth
circuit
judgment
observes
see
ante
statute
issue
restrict
speakers
conveying
information
already
possess
anyone
comes
upon
arrestee
address
information
public
domain
free
use
information
sees
fit
true
justice
scalia
suggests
ante
information
provided
published
journalists
indeed
speech
restriction
prohibited
people
using
published
information
speak
arrestees
statute
contains
prohibition
address
information
public
domain
statute
restrict
use
way
california
notes
constitutionally
decide
give
arrestee
address
information
see
ante
appear
selective
disclosure
address
information
california
chosen
instead
impermissibly
burdens
speech
sure
provision
address
information
kind
subsidy
people
wish
speak
arrestees
state
decides
make
benefit
available
public
doubt
limits
freedom
decide
benefit
distributed
california
example
release
address
information
whose
political
views
line
party
power
cf
board
wabaunsee
cty
umbehr
local
officials
may
terminate
independent
contractor
criticizing
government
policy
award
subsidy
based
illegitimate
criterion
viewpoint
california
free
support
speech
without
supporting
speech
see
regan
taxation
representation
throughout
argument
respondent
assumes
regime
selective
disclosure
burdens
speech
sense
reducing
total
flow
information
whether
correct
far
clear
depends
point
comparison
california
publish
names
addresses
arrestees
everyone
use
freely
indeed
easier
speak
arrestees
present
system
required
choose
keeping
proprietary
information
making
available
without
limits
might
well
choose
former
option
event
disallowing
selective
disclosure
lead
speech
overall
secrecy
less
speech
noted
consideration
justify
limited
disclosures
discriminated
basis
viewpoint
proscribed
criterion
suggest
society
interest
free
flow
information
might
argue
upholding
laws
like
one
issue
case
rather
imposing
regime
nothing
state
easiest
response
los
angeles
police
department
petitioner
reporting
publishing
corporation
writ
certiorari
appeals
ninth
circuit
december
justice
stevens
justice
kennedy
joins
dissenting
majority
characterization
case
improper
facial
challenge
misguided
even
brief
look
complaint
reveals
respondent
unequivocally
advanced
facial
applied
challenge
constitutionality
california
government
code
hereinafter
amendment
six
counts
complaint
respondent
explicitly
challenged
amendment
face
applied
complaint
respondent
also
alleged
already
injured
serious
way
amendment
specifically
claimed
lost
prospective
clients
sales
ultimately
put
business
id
finally
respondent
maintained
us
continues
challenge
amendment
face
applied
brief
respondent
therefore
perfectly
clear
respondent
allegations
direct
injury
justified
decision
district
appeals
pass
validity
amendment
determine
whether
amendment
valid
applied
respondent
similarly
necessary
invoke
overbreadth
doctrine
doctrine
relevant
challenger
needs
rely
possibility
invalid
applications
third
parties
case
application
amendment
respondent
issue
opinion
necessary
central
hudson
dance
agree
majority
amendment
really
restriction
access
government
information
rather
direct
restriction
protected
speech
reason
majority
surely
correct
observing
california
decide
give
arrestee
information
without
violating
first
amendment
ante
moreover
think
equally
clear
california
release
information
selective
basis
limited
group
users
special
legitimate
need
information
different
difficult
question
presented
state
makes
information
generally
available
denies
access
small
disfavored
class
case
state
making
information
available
scholars
news
media
politicians
others
denying
access
narrow
category
persons
solely
intend
use
information
constitutionally
protected
purpose
justice
ginsburg
points
state
identified
disfavored
persons
based
viewpoint
political
affiliation
example
discrimination
clearly
invalid
see
ante
concurring
opinion
state
opinion
comparable
obviously
unconstitutional
discrimination
case
denial
access
based
fact
respondent
plans
publish
information
others
turn
intend
use
commercial
speech
purpose
state
finds
objectionable
respondent
proposed
publication
information
indisputably
lawful
petitioner
concedes
respondent
independently
acquires
data
first
amendment
protects
right
communicate
others
brief
petitioner
see
also
cox
broadcasting
cohn
similarly
first
amendment
supports
third
parties
use
commercial
speech
purposes
see
shapero
kentucky
bar
thus
state
discrimination
based
desire
prevent
information
used
constitutionally
protected
purposes
think
must
assume
burden
justifying
conduct
justification
advanced
state
asserted
interest
protecting
privacy
victims
arrestees
although
interest
explain
total
ban
access
statute
narrowly
limiting
access
insufficient
data
published
news
media
obtained
private
investigators
others
meet
amendment
vague
criteria
amendment
plainly
suffers
overall
irrationality
undermined
statutes
issue
rubin
coors
brewing
greater
new
orleans
broadcasting
allowing
widespread
access
information
state
eviscerated
rational
basis
believing
amendment
truly
protect
privacy
persons
see
cox
broadcasting
different
likely
rationale
might
explain
restriction
state
desire
prevent
lawyers
soliciting
law
business
unrepresented
defendants
interest
arguably
consistent
trying
uphold
ethics
legal
profession
also
stake
however
important
interests
allowing
lawyers
engage
protected
speech
potentially
giving
criminal
defendants
better
access
needed
professional
assistance
see
bates
state
bar
ultimately
state
interest
must
fail
core
relies
discrimination
disfavored
speech
state
might
simply
withhold
information
persons
insulate
actions
constitutional
scrutiny
even
though
government
may
withhold
particular
benefit
entirely
may
deny
benefit
person
basis
infringes
constitutionally
protected
interests
especially
interest
freedom
speech
perry
sindermann
contrary
view
impermissibly
allow
government
produce
result
command
directly
ibid
perfectly
clear
california
directly
censor
use
information
resulting
speech
follows
believe
state
discriminatory
ban
access
information
attempt
prohibit
persons
exercising
constitutional
rights
publish
truthful
accurate
manner
equally
invalid
accordingly
respectfully
dissent
footnotes
section
provides
pertinent
part
provisions
subdivision
notwithstanding
state
local
law
enforcement
agencies
shall
make
public
following
information
except
extent
disclosure
particular
item
information
endanger
safety
person
involved
investigation
endanger
successful
completion
investigation
related
investigation
full
name
occupation
every
individual
arrested
agency
individual
physical
description
including
date
birth
color
eyes
hair
sex
height
weight
time
date
arrest
time
date
booking
location
arrest
factual
circumstances
surrounding
arrest
amount
bail
set
time
manner
release
location
individual
currently
held
charges
individual
held
upon
including
outstanding
warrants
jurisdictions
parole
probation
holds
subject
restrictions
imposed
section
penal
code
time
substance
location
complaints
requests
assistance
received
agency
time
nature
response
thereto
including
extent
information
regarding
crimes
alleged
committed
incident
investigated
recorded
time
date
location
occurrence
time
date
report
name
age
victim
factual
circumstances
surrounding
crime
incident
general
description
injuries
property
weapons
involved
name
victim
crime
defined
section
penal
code
may
withheld
victim
request
request
victim
parent
guardian
victim
minor
person
victim
one
crime
information
disclosing
person
victim
crime
defined
section
penal
code
may
deleted
request
victim
victim
parent
guardian
victim
minor
making
report
crime
crime
incident
accompanying
crime
available
public
compliance
requirements
paragraph
respondent
challenged
statute
violation
equal
protection
fourteenth
amendment
appeals
pass
challenge
footnotes
majority
suggests
respondent
denied
information
simply
attempt
qualify
statute
ante
suggestion
assumes
respondent
publication
might
qualify
journalistic
even
though
serves
primarily
mere
conduit
data
prospective
commercial
users
amendment
provides
however
even
journalistic
publication
must
sign
risk
criminal
prosecution
perjury
affidavit
stating
information
used
directly
indirectly
sell
product
service
individual
group
individuals
cal
govt
code
west
supp
coincidentally
precisely
respondent
uses
information
accordingly
belief
respondent
qualified
statute
unrealistic
notion
respondent
must
put
risk
years
imprisonment
order
raise
constitutional
challenge
state
statute
alarming
say
least
majority
characterization
lower
decisions
simple
facial
invalidations
perplexing
see
ante
district
explicitly
phrased
issue
presented
whether
amendment
cal
gov
code
unconstitutional
limitation
plaintiff
commercial
speech
reporting
publishing
lungren
supp
sd
cal
emphasis
added
similarly
ninth
circuit
concluded
opinion
stating
need
reach
respondent
overbreadth
arguments
reporting
publishing
california
highway
patrol
clearly
indicating
deciding
case
facial
challenge
direct
evidence
state
acting
intended
animus
toward
respondent
others
speech
see
brief
petitioner
expressly
rejected
argument
discriminatory
treatment
suspect
first
amendment
legislature
intends
suppress
certain
ideas
simon
schuster
members
state
crime
victims
cases
repeatedly
frowned
regulations
discriminate
based
content
speech
identity
speaker
see
greater
new
orleans
broadcasting
slip
government
restrict
advertising
private
casinos
allowing
advertising
tribal
casinos
simon
schuster
government
singl
income
derived
expressive
activity
burden
state
places
income
arkansas
writers
project
ragland
tax
applies
magazines
others
particularly
repugnant
first
amendment
principles
magazine
tax
status
depends
entirely
content
emphasis
omitted
regan
time
regulations
permit
government
discriminate
basis
content
message
tolerated
first
amendment
minneapolis
star
tribune
minnesota
revenue
tax
single
press
special
treatment
unconstitutional
police
dept
chicago
mosley
frequently
condemned
discrimination
among
different
users
medium
expression