Picketers’ Own Story Spoiled Their Suit Before 9th Circuit

In upholding a San Diego County ordinance Monday, the 9th Circuit concluded that the law that makes picketers stay 300 feet away from the home they are protesting is constitutional. The picketers could have won a facial challenge if they could show the law was unconstitutional “in every conceivable application,” according to the decision. But as their own protest had shown — the home they targeted was at least 300 feet away from the street — the law was not always too restrictive.

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