Legal Opinion

Minnesota Fifth Congressional District Independent-Republican Party v. State ex rel. Spannaus

Supreme Court of Minnesota

Decided August 8, 1980No. 50531PublishedCited by 12 opinions

1Opinion of the Court

WAHL, Justice.

The question for our decision is whether Minn.Stat. § 202A.22, subd. l(m) (1978), which requires that any candidate filing for a partisan municipal office as an “Independent” state in his affidavit of candidacy “that he did not seek, does not intend to seek, and will not accept any party’s support for his candidacy,” violates First Amendment rights of political association and expression. We hold that it does and affirm the order of the Hennepin County District Court declaring Minn.Stat. § 202A.22, subd. l(m) (1978) unconstitutional and permanently enjoining its enforcement.

Plain…

2Cases cited18 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  2. Buckley v. ValeoSupreme Court of the United States · 1976
  3. Roth v. United StatesSupreme Court of the United States · 1957
  4. Shelton v. TuckerSupreme Court of the United States · 1960
  5. Williams v. RhodesSupreme Court of the United States · 1968

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3Cited by12 opinions

  1. Bachrach v. Secretary of the CommonwealthMassachusetts Supreme Judicial Court · 1981
  2. In re Nominating Petition of BarlipCommonwealth Court of Pennsylvania · 1981
  3. In Re Nomination Certificate of StreetSupreme Court of Pennsylvania · 1982
  4. In Re Dakota Telecommunications GroupCourt of Appeals of Minnesota · 1999
  5. In re Glaxosmithkline plcCourt of Appeals of Minnesota · 2006

7 more not listed; retrieve them via the Exa API.

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