The court of appeals affirmed in part and reversed in part a judgment of the district court and remanded. The court held that an injunction that ordered a for-profit website to present visitors with a splash screen that disclaimed affiliation with or sponsorship by an official state agency violated the First Amendment.

Edriver Inc. and other entities and individuals owned and managed DMV.org (collectively, DMV.org), a for-profit website that provided help for consumers in a number of areas that included driver-license renewals and vehicle registrations. Some DMV.org visitors mistakenly believed that the site was run by the California state department of motor vehicles. TrafficSchool.com, Inc., and Drivers Ed Direct, LLC (collectively, TrafficSchool), marketed and sold traffic-school and driver-ed courses directly to consumers.