Real Estate & Property Law

9th Circuit: No First Amendment, NEPA Violation in Kauai Superferry Protest

By Robert Thomas (inversecondemnation.com)

In a brief opinion (the case was decided without oral argument), the Ninth Circuit affirmed the Hawaii district court's dismissal of claims that the security zone established by the U.S. Coast Guard violated the protester's First Amendment rights.  Even if the protest was symbolic speech, the security zone was a reasonable time, place, and manner restriction.  The court also held that the Coast Guard has a categorical exemption from NEPA, and no EIS was required.  Wong v. Bush, No. 07-16799 (Sep. 5, 2008). 

Full post as published by inversecondemnation on September 05, 2008 (boomark / email).