Cite as: 528 U. S. 32 (1999)
Opinion of the Court
presenting 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 "[h]aving 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 cases, 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
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