SERVICE EMP. INTERN. v. FAIR POLITICAL PRAC. COM'N

Nos. 89-15771, 90-16200 and 90-16372.

955 F.2d 1312 (1992)

SERVICE EMPLOYEES INTERNATIONAL UNION, AFL-CIO, CLC; California State Council of Service Employees/COPE; California Teachers Association; California Teachers Association for Better Citizenship Political Action Committee; Committee to Protect the Political Rights of Minorities; Willie L. Brown; Willie L. Brown Campaign Committee; Friends of David Roberti; Friends of John Burton; John Burton; Alice Huffman; Michael Ross; Allen Ruby, Plaintiffs-Appellees, v. FAIR POLITICAL PRACTICES COMMISSION, Defendant, and Quentin L. Kopp; Ross Johnson, Defendants-Intervenors-Appellants. SERVICE EMPLOYEES INTERNATIONAL UNION, AFL-CIO, CLC; California State Council of Service Employees/COPE; California Teachers Association; California Teachers Association for Better Citizenship Political Action Committee; Committee to Protect the Political Rights of Minorities; Willie L. Brown; Willie L. Brown Campaign Committee; Friends of David Roberti; Friends of John Burton; John Burton; Alice Huffman; Michael Ross; Allen Ruby, Plaintiffs-Appellees, California Democratic Party, an incorporated association, Plaintiff in Intervention-Appellee, v. Quentin L. KOPP; Ross Johnson, Defendants-Intervenors-Appellants, and Fair Political Practices Commission, Defendant-Intervenor. SERVICE EMPLOYEES INTERNATIONAL UNION, AFL-CIO, CLC; California State Council of Service Employees/COPE; California Teachers Association; California Teachers Association for Better Citizenship Political Action Committee; Committee to Protect the Political Rights of Minorities; Willie L. Brown; Willie L. Brown Campaign Committee; Friends of David Roberti; Friends of John Burton; John Burton; Alice Huffman; Michael Ross; Allen Ruby, Plaintiffs-Appellees, California Democratic Party, an incorporated association, Plaintiff-Intervenor-Appellee, v. FAIR POLITICAL PRACTICES COMMISSION, Defendant-Appellant, and Quentin L. Kopp; Ross Johnson, Defendants-Intervenors.

United States Court of Appeals, Ninth Circuit.

Submission Vacated May 2, 1991.

Resubmitted May 15, 1991.

Decided February 7, 1992.


Attorney(s) appearing for the Case

Scott Hallabrin, Acting Gen. Counsel, Fair Political Practices Com'n, Sacramento, Cal., for defendant-appellant.

L. Michael Bogert, Sacramento, Cal., Quentin L. Kopp, Kopp & Di Franco, San Francisco, Cal., for defendants-in-intervention-appellants.

Julie M. Randolph, Remcho, Johansen & Purcell, San Francisco, Cal., for plaintiffs-appellees.

Calvin House, Fulbright & Jaworski, Los Angeles, Cal., for plaintiff-in-intervention-appellee.

Bradley S. Phillips, Munger, Tolles & Olson, Los Angeles, Cal., for amicus curiae Common Cause.

Before POOLE, NORRIS and WIGGINS, Circuit Judges.


Opinion by Judge Norris; Dissent by Judge Wiggins.

WILLIAM A. NORRIS, Circuit Judge:

This appeal requires us to decide the constitutionality of certain provisions of Proposition 73, a campaign financing reform measure for elections to state and local offices that was approved by California voters in 1988.1 Appellants are the California Fair Political Practices Commission ("FPPC"), which was named as a defendant in the action below...

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