Brief of the New Civil Liberties Alliance as Amicus Curiae in Support of the Petition for Rehearsing En Banc

The plaintiff has capably and powerfully explained why rehearing en
banc is warranted: The panel applied a diluted rendition of “exacting scrutiny” that cannot be reconciled with the “narrow tailoring” that other courts have required. See Pet. for Rehearing En Banc at 8–16. And even apart from that problem, the First Amendment issues at stake are sufficiently important to trigger en banc consideration. See id. at 16–19. Yet there are even more reasons for taking this case en banc—beyond what the plaintiff has already presented in its trenchant petition

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