Legal Opinion

State v. Moyer

Court of Appeals of Oregon

Decided January 7, 2009No. 040935104 A128796 (Control) 040935105 A128797 040935106 A128798PublishedCited by 4 opinions

1Opinion of the Court

*84LANDAU, J.

Defendants were charged with violating ORS 260.402 (2003),1 which provides, in essence, that it is unlawful to lie about the source of political campaign contributions. Defendants demurred to the indictment on the ground that the statute, on its face, violates various provisions of the state and federal constitutions, in particular, the free speech guarantees of Article I, section 8, of the Oregon Constitution and the First Amendment to the United States Constitution. The trial court allowed the demurrer on the ground that the statute violates both state and federal constitutional…

2Cases cited21 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. Portland General Electric Co. v. Bureau of Labor & IndustriesOregon Supreme Court · 1993
  4. State v. RobertsonOregon Supreme Court · 1982
  5. State v. RangelOregon Supreme Court · 1999

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3Cited by4 opinions

  1. State v. MoyerOregon Supreme Court · 2010
  2. BERNARD FOR COM'R v. Elections Div.Court of Appeals of Oregon · 2009
  3. Bernard v. Elections Division of the Office of the Secretary of StateCourt of Appeals of Oregon · 2009
  4. State v. MoyerCourt of Appeals of Oregon · 2009

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