Legal Opinion
Picray v. Secretary of State
Court of Appeals of Oregon
Decided May 1, 1996No. CA A85293PublishedCited by 4 opinions
1Opinion of the Court
*594HASELTON, J.
Petitioner appeals from an order of respondent Secretary of State that imposed a $100 civil penalty for violating ORS 260.695(4), which prohibits wearing “political badge(s), button(s) or other insignia” in polling places. We conclude that ORS 260.695(4) violates Article I, section 8, of the Oregon Constitution, and reverse.
The facts are undisputed. During the November 1992 general election, Ballot Measure 9, an initiative to “prohibit government promotion, encouragement or facilitation of homosexuality, pedophilia, sadism and masochism,” was a matter of considerable public…
2Cases cited13 opinions
- Burson v. FreemanSupreme Court of the United States · 1992
- State v. RobertsonOregon Supreme Court · 1982
- Priest v. PearceOregon Supreme Court · 1992
- Planned Parenthood Ass'n v. Department of Human ResourcesOregon Supreme Court · 1984
- Application of Portland General Elec. Co.Oregon Supreme Court · 1977
8 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Picray v. SealockCourt of Appeals for the Ninth Circuit · 1998
- Smothers v. Gresham Transfer, Inc.Court of Appeals of Oregon · 1997
- 98 Cal. Daily Op. Serv. 1664, 98 Daily Journal D.A.R. 2339 David Picray v. Colleen Sealock Norma Buckno Dan Burk Barbara Pyburn Benton County, a Political Subdivision of the State of Oregon S. Hammersley Joe Bonitz City of Albany, a Political Subdivision of the State of OregonCourt of Appeals for the Ninth Circuit · 1998
- Picray v. Secretary of StateCourt of Appeals of Oregon · 1996