Felton

Felton v. Griffin

Good Law
185 F. App'x 700
United States Court of Appeals for the Ninth CircuitJune 26, 2006No. 04-16666California987 words

Opinion

Lead Opinion

MEMORANDUM **

Guy Felton appeals the district court’s grant of summary judgment to defendants, the City of Reno, Reno Mayor Jeff Griffin, and police officers Jerry Hoover and Billy Lang, in his 42 U.S.C. § 1983 action. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

I. First Amendment Claims

A. Facial challenge

Felton’s three challenges to the facial. validity of the Reno City Council’s decorum rule fail. The First Amendment does not protect slander. 2 Thus, the Council’s rule banning it is permissible. The rule also is not vague. “Slanderous” is an adjective for slander, a term with a known and established legal meaning. 3 It is clear from the legal definition of slander that the rule prohibits speakers from making false statements of fact that are harmful to another’s reputation. 4 Thus, the fact that different standards 5 may apply depending on the subject of the potential slander does not render the word vague. 6 Regarding the words “impertinent” and “personal,” Felton makes no argument that persons of ordinary intelligence would not know what the rule prohibits. 7 Thus, he has not shown the words are vague.

Finally, the rule is not overbroad.…

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