The Latest Breaking News from Ninth Circuit

Sidewalk chalk, invasive owls, and ostinato copyrights.

The Ninth Circuit doesn't hold that the chalking ban is unconstitutional, but does conclude that Las Vegas arrests for chalking (as opposed to citations) may be so rare as to raise the inference that they were retaliation for the message.

Say yes to the dress, respectful dissents, and kettling technique.

Not only did Judge VanDyke write a majority opinion, he wrote a draft fauxpinion reversing himself!

So holds a Ninth Circuit panel—with the authoring judge penning a hypothetical dissent, to illustrate his view that the Ninth Circuit's Second Amendment precedents are too malleable. From McDougall v. County of Ventura, today's opinion by Judge Lawrence Vandyke joined by Judge Ryan Nelson: "[T]he right of the people to…

From Zhou v. Breed, decided Friday by the Ninth Circuit (Judges John Owens and Michelle Friedland, and visiting Sixth Circuit Judge Danny Boggs): Appellants allege that both [S.F. Mayor London] Breed and Clear Channel violated their First Amendment right to free speech. To the extent that Appellants argue that Breed,…