Commonwealth ex rel. Toole v. Yanoshak

OPINION OF THE COURT

MANDERINO, Justice.

This appeal challenges the validity of Section 602(b) of the County Code, Act of August 9, 1955, P.L. 323, § 602(b), 16 P.S. § 602(b). Appellant, Joseph Tirpak, contends that section is an unconstitutional infringement of his First Amendment rights.

Appellant was elected to the office of controller of Luzerne County for a term of four years commencing in January, 1974. From February, 1968, until December, 1973, he served as chief deputy recorder of deeds for Luzerne County, resigning that post when elected controller. On January 7, 1974, Stephen Yanoshak…