Freedom Socialist Party v. Bradbury

I agree with the majority that ORS 248.010 is facially unconstitutional. I write separately because the majority arrives at that conclusion on the basis of federal constitutional law without first addressing whether the challenged statute violates Article I, section 8, of the Oregon Constitution. That the majority does so is not surprising. There is *228recent case law that clearly stands for the proposition that matters of state law need not be addressed if not preserved. In my view, we should take this opportunity to reexamine that case law and reaffirm a fundamental principle of state…