Coyote Publishing, Inc. v. Miller
United States Court of Appeals for the Ninth Circuit
598 F.3d 592 (2010)
- Written by Tammy Boggs, JD
Facts
Every U.S. state except Nevada prohibited prostitution. In Nevada, prostitution in designated brothels was only permitted in counties with fewer than 400,000 residents and was thus illegal in the five most populated counties of Nevada. Furthermore, the sexual-services industry was heavily regulated. Pandering and pimping were illegal under all circumstances. The state restricted the place and manner of advertising by legal brothels in two principal ways: first, brothels could not advertise in counties where the sale of sexual services was illegal, and second, in counties where brothels were legal, advertisements were not permitted in any public theater, public street, or public highway. Including the address or information about a brothel on a written publication constituted prima facie evidence of an advertisement. Two newspaper publishers and a legal brothel owner (collectively, Coyote Publishing) (plaintiff) challenged the statute in district court, claiming that the restrictions violated the free-speech guarantee of the United States and Nevada constitutions. The district court found the restrictions targeted more than pure commercial speech and, under strict scrutiny, were unconstitutional. The state (defendant) appealed.
Rule of Law
Issue
Holding and Reasoning (Berzon, J.)
Concurrence (Noonan, J.)
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