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First Amendment
State can’t rely on ‘gossamers of speculation’ to justify ban on gun marketing to minors, 9th Circuit says
“California cannot lean on gossamers of speculation to weave an evidence-free narrative that its law curbing the First Amendment ‘significantly’ decreases unlawful gun use among minors,” wrote Judge Kenneth K. Lee. Image from Shutterstock.
A law that bans truthful firearms advertising that appeals to minors should be blocked, a federal appeals court has ruled.
The 9th U.S. Circuit Court of Appeals at San Francisco ruled in a Sept. 13 opinion that plaintiffs challenging the law were likely to prevail on their First Amendment argument.
Reuters and Courthouse News Service have coverage.
“California cannot straitjacket the First Amendment by, on the one hand, allowing minors to possess and use firearms and then, on the other hand, banning truthful advertisements about that lawful use of firearms,” wrote Judge Kenneth K. Lee for the panel.
There is no evidence on the record that a minor has ever illegally purchased a gun, or that truthful ads encourage illegal or violent gun use by minors, the opinion said.
“Simply put, California cannot lean on gossamers of speculation to weave an evidence-free narrative that its law curbing the First Amendment ‘significantly’ decreases unlawful gun use among minors,” wrote Lee, an appointee of former President Donald Trump.
The California law bans advertising of firearm-related products “in a manner that is designed, intended or reasonably appears to be attractive to minors.”
The case is Junior Sports Magazines Inc. v. Bonta.
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