Legal Opinion

Prete v. Bradbury Et

Court of Appeals for the Ninth Circuit

Decided February 21, 2006No. 04-35285PublishedCited by 1 opinion

1Opinion of the Court

BEA, Circuit Judge.

We are called upon to decide whether Oregon Ballot Measure 26’s prohibition of payment to electoral petition signature gatherers on a piece-work or per signature basis unconstitutionally burdens core political speech. Because the district court did not clearly err in determining that the plaintiffs failed to establish that the challenged measure significantly burdens speech, we cannot hold the Measure imposes a severe burden under the First Amendment. Therefore, because the defendant has established an important regulatory interest in support of the Measure, the plaintiffs…

2Cases cited39 opinions

  1. Arizonans for Official English v. ArizonaSupreme Court of the United States · 1997
  2. Sawyer v. WhitleySupreme Court of the United States · 1992
  3. Turner Broadcasting System, Inc. v. Federal Communications CommissionSupreme Court of the United States · 1994
  4. McIntyre v. Ohio Elections CommissionSupreme Court of the United States · 1995
  5. Meyer v. GrantSupreme Court of the United States · 1988

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3Cited by1 opinion

  1. Prete v. BradburyCourt of Appeals for the Ninth Circuit · 2006

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