Heller

American Civil Liberties Union of Nevada v. Heller

Good Law
44 F. App'x 767
United States Court of Appeals for the Ninth CircuitJuly 30, 2002No. 01-15462; D.C. No. CV-00-00370-DWHCalifornia1,229 words

Opinion

Lead Opinion

ORDER *

The appellants in this case, the American Civil Liberties Union of Nevada (“ACLU”) and its executive director Gary Peck, bring a facial overbreadth challenge *768 under the Free Speech Clause of the First Amendment to Nev.Rev.Stat. § 294A.320, which prohibits certain anonymous political speech. This court raised sua sponte the question whether the appellants have Article III standing to bring this suit. Having considered supplemental briefs on the standing question, we remand for the limited purposes of permitting (1) the appellants to amend their complaint; (2) the parties to supplement the record; and (2) the district court to determine in the first instance whether Article III standing exists in this case.

“To qualify as a party with standing to litigate, a person must show, first and foremost, an invasion of a legally protected interest that is concrete and particularized and actual or imminent.” Arizonans for Official English v. Arizona, 520 U.S. 43, 64 , 117 S.Ct. 1055 , 137 L.Ed.2d 170 (1997). Plaintiffs need not, however, suffer or risk suffering prosecution under a statute to demonstrate injury from it. • Culinary Workers Union, Local 226 v. Del Papa, 200 F.3d…

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