Erotic Service Provider Legal Education and Research Project; K.l.e.s.; C.v.; J.b. v. George Gascon

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
EROTIC S ERVICE P ROVIDER LEGAL
EDUCATION AND R ESEARCH
P ROJECT; K.L.E.S.; C.V.; J.B.,
Plaintiffs-Appellants,
v.
GEORGE GASCON , in his official
capacity as District Attorney for the
City and County of San Francisco;
EDWARD S. BERBERIAN, J R ., in his
official capacity as District Attorney
of the County of Marin; NANCY E.
O'M ALLEY, in her official capacity as
District Attorney for the County of
Alameda; J ILL R AVITCH, in her
official capacity as District Attorney
of the County of Sonoma; XAVIER
BECERRA,* Attorney General, in her
official capacity as Attorney General
of the State of California,
Defendants-Appellees.
No. 16-15927
D.C. No.
4:15-cv-01007-
JSW
ORDER
* Xavier Becerra is substituted for his predecessor, Kamala Harris.
Fed. R. App. P. 43(c)(2).

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2 ESP V. GASCON
Filed February 2, 2018
Before: Consuelo M. Callahan and Carlos T. Bea, Circuit
Judges, and Jane A. Restani,** Judge.
ORDER
This order amends the opinion filed for this case on
January 17, 2018. The last sentence of the second full
paragraph on page 17 of the slip opinion currently reads:
“For commercial speech to receive First Amendment
protection, however, it must: (1) concern lawful activity and
not be misleading; (2) serve a substantial government
interest; (3) directly advance the governmental interest
asserted; and (4) be narrowly tailored. Id. at 566.” That
sentence is now replaced with: “For commercial speech to
receive First Amendment protection (1) the speech must
concern lawful activity and not be misleading; (2) the
challenged restriction must serve a substantial government
interest; (3) the restriction must directly advance the
governmental interest asserted; and (4) the restriction must
be narrowly tailored. Id. at 566.”
** The Honorable Jane A. Restani, Judge for the United States Court
of International Trade, sitting by designation.

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