San Diego Unified Port v. U.S. Citizens Patrol
Opinion
Opinion
O'Neill, J.
Defendant U.S. Citizens Patrol (Citizens Patrol) appeals portions of an order granting a motion by San Diego Unified Port District (District) for a preliminary injunction restricting certain activities by Citizens Patrol at the San Diego airport. Citizens Patrol contends the challenged portions of the injunction are unconstitutional because (1) they regulate political speech based on its content; (2) they constitute a prior restraint of political speech; (3) they are overbroad; and (4) they violate the Citizens Patrol’s right to travel and the equal protection clause of the Fourteenth Amendment. We reverse the challenged portions of the injunction.
Factual and Procedural Background
Citizens Patrol is an association of citizens concerned about problems associated with illegal immigration in San Diego County. The organization was formed specifically to monitor whether commercial airlines at the San Diego International Airport (the airport) were complying with a Federal Aviation Administration (FAA) requirement that the airlines check passengers’ photographic identification before allowing them to board airplanes or check baggage.