Legal Opinion

Republican Party v. Florida Elections Commission

District Court of Appeal of Florida

Decided August 1, 1995No. Nos. 94-4081, 94-4083PublishedCited by 1 opinion

1Opinion of the Court

JOANOS, Judge.

Appellants appeal a non-final order which enjoined them from continuing to broadcast a political advertisement in the final weeks of an election campaign. We have jurisdiction pursuant to rule 9.130(a)(3)(B).1 We agree with appellants that the injunction constitutes an unconstitutional prior restraint of speech and therefore reverse.

On October 31, 1994, the Florida Democratic Party and Florida Democratic Party Executive Committee filed an action for emergency injunctive and declaratory relief to stop television broadcast of two political advertisements purchased by the…

2Cases cited11 opinions

  1. Buckley v. ValeoSupreme Court of the United States · 1976
  2. Nebraska Press Assn. v. StuartSupreme Court of the United States · 1976
  3. Southeastern Promotions, Ltd. v. ConradSupreme Court of the United States · 1975
  4. McIntyre v. Ohio Elections CommissionSupreme Court of the United States · 1995
  5. Landmark Communications, Inc. v. VirginiaSupreme Court of the United States · 1978

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3Cited by1 opinion

  1. Opinion No., Arkansas Attorney General Reports2000

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