From Ninth Circuit Judge Michelle Friedland's opinion today in Crowe v. Oregon State Bar, joined by Judge John Owens and District Judge William Orrick:
To practice law in Oregon, an attorney must be a member of the Oregon State Bar ("OSB"). An attorney must also pay annual membership dues, which are used to fund OSB's activities. Those activities include administering bar exams, formulating and enforcing rules of professional conduct, and establishing minimum continuing legal education requirements for Oregon attorneys. OSB also lobbies the state legislature and publishes a magazine called the Bulletin..
In the April 2018 issue of the Bulletin, OSB published two statements on "White Nationalism and [the] Normalization of Violence." The two statements were published on facing pages, surrounded by a single dark green border that was not present on the other pages of the magazine. The first statement had OSB's dark green logo on the top of the page, and it was signed by six OSB officers, including the President and the Chief Executive Officer. That statement said:
