Kahle v. Gonzales

by the United States Court of Appeals for the Ninth Circuit

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

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BREWSTER KAHLE; INTERNET ARCHIVE; RICHARD PRELINGER; PRELINGER ASSOCIATES, INC., Plaintiffs-Appellants, v. ALBERTO R. GONZALES, Attorney General, in his official capacity as Attorney General of the United States, Defendants-Appellees.

No. 04-17434 D.C. No. CV-04-01127-MMC ORDER AND AMENDED OPINION

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Appeal from the United States District Court

for the District of California

Maxine M. Chesney, District Judge, Presiding

Argued and Submitted

November 13, 2006—San Francisco, California

Filed May 14, 2007

Before: Mary M. Schroeder, Chief Circuit Judge,

Jerome Farris and Johnnie B. Rawlinson, Circuit Judges.

Opinion by Judge Farris

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COUNSEL Jennifer Stisa Granick, Lawrence Lessig, and Christopher Sprigman, Center for Internet and Society, Stanford, California, for the plaintiffs-appellants.

John S. Koppel, Department of Justice, Washington, D.C., for the defendant-appellee.

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ORDER

The opinion filed on January 22, 2007, Slip op. at 889, is withdrawn and an amended opinion is filed simultaneously with this order.

Chief Judge Schroeder and Judge Rawlinson have voted to deny the petition for rehearing en banc. Judge Farris so recommends.

The full court has been advised of the petition for rehearing en banc and no judge of the court has requested a vote on it. The petition for rehearing en banc is DENIED. No further petitions for rehearing or for rehearing en banc may be filed.