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A Cold Breeze in California: ProtectMarriage Reveals the Chilling Effect of Campaign Finance Disclosure on Ballot Measure Issue Advocacy

Engage: The Journal of the Federalist Society Practice Groups, Vol. 10, No. 3, 2009

6 Pages Posted: 28 Jan 2010  

Stephen R. Klein

Pillar of Law Institute

Date Written: November 15, 2009

Abstract

Although a state government may have an interest in disseminating donor information behind some campaigns for or against ballot measures, the Ninth Circuit’s interpretation of the “informational interest” from Buckley v. Valeo was not a concern in Proposition 8, which implicated a purely social issue. Thus, in light of the use of donor information to abridge free speech, this articulation of the informational interest does not survive strict scrutiny: as applied, California’s disclosure law indirectly infringes upon First Amendment rights by facilitating the suppression of political speech.

Keywords: First Amendment, free speech, ballot measure, campaign finance, disclosure, election law, proposition 8

Suggested Citation

Klein, Stephen R., A Cold Breeze in California: ProtectMarriage Reveals the Chilling Effect of Campaign Finance Disclosure on Ballot Measure Issue Advocacy (November 15, 2009). Engage: The Journal of the Federalist Society Practice Groups, Vol. 10, No. 3, 2009. Available at SSRN: https://ssrn.com/abstract=1543517

Stephen Ralph Klein (Contact Author)

Pillar of Law Institute ( email )

455 Massachusetts Ave., NW
Ste. 359
Washington, DC 20001-2742
United States

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