Although we consider Clark County's limiting construction of the Ordinance, “we are not required to insert missing terms into the [Ordinance] or adopt an interpretation precluded by the plain language of the Ordinance.”
See Foti v. City of Menlo Park, 146 F.3d 629, 639–40 (9th Cir.1998). Thus, we agree with the ACLUN that the term “off-premises canvassing” includes fully protected expression that contains some form of advertising. For example, as written, the Clark County Ordinance may prohibit the distribution of newspapers, pamphlets, magazines, and other publications that contain some form of commercial advertising, even if the noncommercial content is unrelated to the advertising copy.
See, e.g., Perry, 121 F.3d at 1368 (holding that “music, buttons, and bumper stickers bearing political, religious, and ideological messages” are “expressive items ... [that] ... do not lose their constitutional protection simply because they are sold rather than given away”);
see also, Hays County Guardian v. Supple, 969 F.2d 111, 120 (5th Cir.1992) (holding that university regulation prohibiting on-campus solicitation unconstitutionally restricted the distribution of newspapers containing advertisements). The Clark County Ordinance may also prohibit the distribution of a newspaper that stresses social, political, and environmental issues if the paper's production costs were covered by revenue generated from advertisements,
see, e.g., Hays, 969 F.2d at 114 (holding that a newspaper distributed free of charge that dealt with “environmental, peace, and social justice issues” engaged in constitutionally protected speech even though its publication expenses were covered, in part, by revenue derived from advertisers) (internal quotation omitted), or a religious organization's newsletter that contained advertisements for its members' businesses. In short, on the record before us, we find that the ACLUN is likely to succeed on the merits of its claim that Clark County Ordinance Section 16.12 infringes on First Amendment protections accorded a party seeking to distribute noncommercial expressive material containing some form of commercial advertising.
See Perry, 121 F.3d. at 1368 (holding that “where the commercial and expressive parts of speech are ‘inextricably intertwined,’ a court [may] not parcel out the protected and unprotected parts of the speech”) (citing
Riley, 487 U.S. at 796, 108 S.Ct. 2667). Thus, the ACLUN has demonstrated probable success on the merits of its claim that the Ordinance is overbroad.