Los Angeles Police Department v. United Reporting Publishing Corp.

528 U.S. 32, 120 S. Ct. 483, 145 L. Ed. 2d 451, 1999 U.S. LEXIS 8239
CourtSupreme Court of the United States
DecidedJanuary 12, 2000
Docket98-678
StatusPublished
Cited by254 cases

This text of 528 U.S. 32 (Los Angeles Police Department v. United Reporting Publishing Corp.) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Los Angeles Police Department v. United Reporting Publishing Corp., 528 U.S. 32, 120 S. Ct. 483, 145 L. Ed. 2d 451, 1999 U.S. LEXIS 8239 (2000).

Opinions

[34]*34CHIEF Justice Rehnquist

delivered the opinion of the Court.

California Govt. Code Ann. § 6254(f)(3) (West Supp. 1999) places two conditions on public access to arrestees’ addresses — that the person requesting an address declare that the request is being made for one of five prescribed purposes, and that the requester also declare that the address will not be used directly or indirectly to sell a product or service.

The District Court permanently enjoined enforcement of the statute, and the Court of Appeals affirmed, holding that the statute was facially invalid because it unduly burdens commercial speech. We hold that the statutory section in question was not subject to a “facial” challenge.

Petitioner, the Los Angeles Police Department, maintains records relating to arrestees. Respondent, United Reporting Publishing Corporation, is a private publishing service that provides the names and addresses of recently arrested individuals to its customers, who include attorneys, insurance companies, drug and alcohol counselors, and driving schools.

Before July 1,1996, respondent received arrestees’ names and addresses under the old version of § 6254, which generally required state and local law enforcement agencies to make public the name, address, and occupation of every individual arrested by the agency. Cal. Govt. Code Ann. § 6254(f) (West 1995). Effective July 1,1996, the state legislature amended § 6254(f) to limit the public’s access to arrest-ees’ and victims’ current addresses. The amended statute provides that state and local law enforcement agencies shall make public:

[35]*35“[T]he current address of every individual arrested by the agency and the current address of the victim of a crime, where the requester declares under penalty of perjury that the request is made for a scholarly, journalistic, political, or governmental purpose, or that the request is made for investigation purposes by a licensed private investigator . . . except that the address of the victim of [certain crimes] shall remain confidential. Address information obtained pursuant to this paragraph shall not be used directly or indirectly to sell a prod-uet or service to any individual or group of individuals, and the requester shall execute a declaration to that effect under penalty of perjury.” Cal. Govt. Code Ann. § 6254(f)(3) (West Supp. 1999).

Sections 6254(f)(1) and (2) require that state and loeal law enforcement agencies make public, inter alia, the name, occupation, and physical description, including date of birth, of every individual arrested by the agency, as well as the circumstances of the arrest.1 Thus, amended § 6254(f) limits access only to the arrestees’ addresses.

[36]*36Before the effective date of the amendment, respondent sought declaratory and injunctive relief pursuant to Rev. Stat. § 1979,42 U. S. C. § 1988, to hold the amendment unconstitutional under the First and Fourteenth Amendments to the United States Constitution. On the effective date of the statute, petitioner and other law enforcement agencies denied respondent access to the address information because, according to respondent, “[respondent’s] employees could not sign section 6254(f)(3) declarations.” Brief for Respondent 5. Respondent did not allege, and nothing in the record before this Court indicates, that it ever “declared] under penalty of perjury” that it was requesting information for one of the prescribed purposes and that it would not use the address information to “directly or indirectly . . . sell a product or service,” as would have been required by the statute. See § 6254(f)(3).

Respondent then amended its complaint and sought a temporary restraining order. The District Court issued a temporary restraining order, and, a few days later, issued a preliminary injunction. Respondent then filed a motion for summary judgment, which was granted. In granting the motion, the District Court construed respondent’s claim as [37]*37presenting a facial challenge to amended § 6254(f). United Reporting Publishing Corp. v. Lungren, 946 F. Supp. 822, 823 (SD Cal. 1996). The court held that the statute was facially invalid under the First Amendment.

The Court of Appeals affirmed the District Court’s facial invalidation. United Reporting Publishing Corp. v. California Highway Patrol, 146 F. 3d 1133 (CA9 1998). The court concluded that the statute restricted commercial speech, and, as such, was entitled to “ ‘a limited measure of protection, commensurate with its subordinate position in the scale of First Amendment values.’” Ibid. (quoting Ohralik v. Ohio State Bar Assn., 436 U. S. 447, 456 (1978)). The court applied the test set out in Central Hudson Gas & Elec. Corp. v. Public Serv. Comm’n of N. Y., 447 U. S. 557, 566 (1980), and found that the asserted governmental interest in protecting arrestees’ privacy was substantial. But, the court held that “the numerous exceptions to § 6254(f)(3) for journalistic, scholarly, political, governmental, and investigative purposes render the statute unconstitutional under the First Amendment.” 146 F. 3d, at 1140. The court noted that “[hjaving one’s name, crime, and address printed in the local paper is a far greater affront to privacy than receiving a letter from an attorney, substance abuse counselor, or driving school eager to help one overcome his present difficulties (for a fee, naturally),” and thus that the exceptions “undermine and counteract” the asserted governmental interest in preserving arrestees’ privacy. Ibid. Thus, the Court of Appeals affirmed the District Court’s grant of summary judgment in favor of respondent and upheld the injunction against enforcement of § 6254(f)(3). We granted certiorari. 525 U. S. 1121 (1999).

We hold that respondent was not, under our eases, entitled to prevail on a “facial attack” on § 6254(f)(3).

Respondent’s primary argument in the District Court and the Court of Appeals was that § 6254(f)(3) was invalid on its [38]*38face, and respondent maintains that position here. But we believe that our cases hold otherwise.

The traditional rule is that “a person to whom a statute may constitutionally be applied may not challenge that statute on the ground that it may conceivably be applied unconstitutionally to others in situations not before the Court.” New York v. Ferber, 458 U. S. 747, 767 (1982) (citing Broadrick v. Oklahoma, 413 U. S. 601, 610 (1973)).

Prototypical exceptions to this traditional rule are First Amendment challenges to statutes based on First Amendment overbreadth. “At least when statutes regulate or proscribe speech . . .

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Bluebook (online)
528 U.S. 32, 120 S. Ct. 483, 145 L. Ed. 2d 451, 1999 U.S. LEXIS 8239, Counsel Stack Legal Research, https://law.counselstack.com/opinion/los-angeles-police-department-v-united-reporting-publishing-corp-scotus-2000.