Herbert v. Public Disclosure Commission

¶1 Ed Herbert and Dennis Nusbaum are public school teachers who were fined by the Public Disclosure Commission (PDC) for using school facilities in violation of RCW 42.17.130’s prohibition on the use of public resources for political advocacy. They challenge the consti*253tutionality of that statute as applied to them, arguing that it does not pass strict scrutiny as a restriction on their First Amendment free speech rights and that the statute as applied is arbitrary and capricious and overbroad. We conclude that the PDC’s application of the statute is constitutional because it is a reasonable…