UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT PROJECT VERITAS; PROJECT No. 22-35271 VERITAS ACTION FUND, D.C. No. 3:20-cv- Plaintiffs-Appellants, 01435-MO

v. OPINION MICHAEL SCHMIDT, in his official capacity as Multnomah County District Attorney; ELLEN ROSENBLUM, in her official capacity as Oregon Attorney General,

Defendants-Appellees.

Appeal from the United States District Court for the District of Oregon Michael W. Mosman, District Judge, Presiding

Argued and Submitted En Banc June 25, 2024 Seattle, Washington

Filed January 7, 2025 Before: Mary H. Murguia, Chief Judge, and Kim McLane Wardlaw, Morgan Christen, Mark J. Bennett, Daniel P. Collins, Kenneth K. Lee, Jennifer Sung, Gabriel P. 2 PROJECT VERITAS V. SCHMIDT

Sanchez, Roopali H. Desai, Anthony D. Johnstone and Ana de Alba, Circuit Judges.

Opinion by Judge Christen; Concurrence by Judge Bennett; Dissent by Judg