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Ninth Circuit· 9/17/2010

Lopez v. Candaele

Citations

  • 630 F.3d 775

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that standing considerations in First Amendment cases “ ‘tilt[ ] dramatically toward a finding of standing’ ”
  • noting that the government communicating a specific warning or threat to initiate proceedings or a history of past prosecution suffice, but “general threats” do not suffice.
  • providing that “[a] history of past enforcement against parties similarly situated to the plaintiffs cuts in favor of a conclusion that a threat is specific and credible”
  • explaining that to confer Article III standing, an “injury in fact must constitute an invasion of a legally protected interest which is (a) concrete and particularized, and (b
  • explaining that a plaintiff bringing a First Amendment pre- enforcement challenge to a government rule cannot show that his rights are currently “chilled” unless he demonstrates his intent to violate the government’s rule
  • indicating that claims of future harm lack credibility when the challenged speech restriction by its terms is not applicable to the plaintiffs, or the enforcing authority has disavowed the applicability of the challenged law to the plaintiffs

Source: CourtListener parenthetical corpus (CC0).

Judges: Ronald M. Gould, Sandra S. Ikuta and N. Randy Smith, Circuit Judges

Read full opinion on CourtListener

Cited by

61 cases in this archive cite this case; the 20 most cited are listed.

Cites

31 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Lopez v. Candaele

3 other CourtListener records share this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.