Commercial speech: Federal appeals court blocks Arizona day-laborer law

The Ninth Circuit U.S. Court of Appeals ruled that Arizona’s day-laborer law goes too far in restricting job solicitations by undocumented workers. The judges said the law exceeded the provisions needed to regulate the solicitations and what was necessary to promote traffic safety. (Courthouse News Service, March 4, 2013, by Tim Hull)

The Ninth Circuit was blunt in their rejection of the Arizona law, “Arizona has also singled out day labor solicitation for a harsh penalty while leaving other types of solicitation speech that blocks traffic unburdened.”  Arizona Attorney General Tom Horne expects to continue the battle over SB 1070 in the U.S. Supreme Court. (The Arizona Republic, March 5, 2013, by Tom Kiefer)

“Arizona’s SB1070 is not just an attack on immigrants and day laborers, it is an assault on cherished constitutional rights, including the right to free speech, said Pablo Alvarado, director of the National Day Laborer Organizing Network. (American Civil Liberties Union press release, March 4, 2013)-db

One Comment

  • The court failed to address the fact that the commercial speech practiced by illegal alien day laborers is aimed at an illegal ends and is therefore not protected by the constitution. This is a threshold issue, the first inquiry of the Central Hudson test, yet the court completely went around it. Very shocking.

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