Gonzales v. Free Speech Coalition

408 F.3d 613 Alberto R. GONZALES, * Attorney General, and the United States Department of Justice, Defendants-Appellees, v. FREE SPEECH COALITION, on its own behalf and on behalf of its members; Bold Type, Inc.; Jim Gingerich; Ron Raffaelli, Plaintiffs-Appellants. No. 04-16172. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 13, 2005. Filed May 23, 2005. COPYRIGHT MATERIAL OMITTED Charles W. Scarborough, Civil Division, United States Department of Justice, Washington, D.C., for the defendants-appellees. H. Louis Sirkin, Sirkin Pinales & Schwartz, Cincinnati, OH, for the plaintiffs-appellants. Appeal from the United States District Court for the Northern District of California, William H. Alsup, District Judge, Presiding. D.C. No. CV-97-00281-WHA. Before: LAY, ** B. FLETCHER, and HAWKINS, Circuit Judges. MICHAEL DALY HAWKINS, Circuit Judge: 1 The government appeals the district court's award of attorneys' fees to the Free Speech Coalition under the Equal Access to Justice Act ("EAJA") because the court held the government was not "substantially justified" in defending the Child Pornography Prevention Act ("CPPA"). We reverse. Multiple objective indicia…