![]() Although portions of the directories are obviously commercial in nature, the books contain more than that, and we conclude that the directories are entitled to the full protection of the First Amendment. We conclude that the yellow pages directories qualify for full protection under the First Amendment. The district court reasoned that the directories represented commercial speech, which benefits from less protection under the First Amendment. The district court rejected the plaintiffs challenge and granted summary judgment in favor of the defendants, allowing the Ordinance to stand. The challenge is based primarily on the First Amendment of the United States Constitution, but the plaintiffs also present arguments based on the Commerce Clause of the Constitution and on the Washington State Constitution and statutes. Plaintiffs Dex Media West, Inc., SuperMedia LLC, and the Yellow Pages Integrated Media Association (the Yellow Pages Companies ) challenged the validity of the Ordinance. The fees paid by the publishers are intended to cover the cost of operating and promoting the optout registry. The publishers are required by the Ordinance to advertise the availability of the opt-out registry on the front covers of their directories. It also establishes an opt-out registry, through which residents can decline to receive directories. SEATTLE 12317 nance 123427, adopted in 2010, requires publishers of yellow pages directories to obtain permits and pay a fee for each directory distributed in the city. The City of Seattle imposes substantial conditions and costs on the distribution of yellow pages phone directories. But times have changed, and today phone books, like land-line telephones themselves, are not so universally accepted. ![]() We were regularly encouraged to let our fingers do the walking. OPINION CLIFTON, Circuit Judge: The yellow pages telephone directory was once a ubiquitous part of American life, found in virtually every household and office. Goldman (argued), Summit Law Group PLLC, Seattle, Washington, William Foster and Gregory Narver, Seattle City Attorney s Office, Seattle, Washington, for the defendants-appellees. Purcell, Perkins Coie LLP, Seattle, Washington, for the plaintiffs-appellants. District Court for the Eastern District of New York, sitting by designation. Korman, Senior District Judge for the U.S. Korman, Senior District Judge.* Opinion by Judge Clifton *The Honorable Edward R. Randy Smith, Circuit Judges, and Edward R. Robart, District Judge, Presiding Argued and Submitted FebruPasadena, California Filed Octo12313 12314 DEX MEDIA WEST, INC. 2:10-cv-01857-JLR OPINION  Appeal from the United States District Court for the Western District of Washington James L. CITY OF SEATTLE RAY HOFFMAN, in his official capacity as Director of Seattle Public Utilities, Defendants-Appellees. SUPERMEDIA LLC YELLOW PAGES INTEGRATED MEDIA ASSOCIATION, DBA Yellow Pages Association, Plaintiffs-Appellants, v. FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT DEX MEDIA WEST, INC.
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