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PROTECTMARRIAGE.COM-YES ON 8 v. BOWEN

No. 11-17884.

752 F.3d 827 (2014)

PROTECTMARRIAGE.COM-YES ON 8, A Project Of California Renewal; National Organization for Marriage California, Yes on 8, Sponsored by National Organization for Marriage; National Organization For Marriage California PAC; John Doe #1, an individual, Plaintiffs-Appellants, v. Debra BOWEN; Ross Johnson; California Secretary of State; Kamala Harris, in her official capacity as Attorney General of the State of California; Eugene Huguenin, Jr.; Lynn Montgomery; Ronald Rotunda; Ann Miller Ravel, in her official capacity as Chair of the Fair Political Practices Commission; Sean Eskovitz, in his official capacity as Commissioner of the Fair Political Practices Commission; Department of Elections City And County of San Francisco; Dennis J. Herrera, City Attorney for the City and County of San Francisco; Dean C. Logan; Jan Scully, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 20, 2014.

Attorney(s) appearing for the Case

John C. Eastman (argued), Center for Constitutional Jurisprudence, Orange, CA; James Bopp, Jr. (argued) and Richard E. Coleson , The Bopp Law Firm, Terre Haute, IN; Benjamin W. Bull , Alliance Defense Fund, Scottsdale, AZ; David J. Hacker , Alliance Defense Fund, Folsom, CA; Noel H. Johnson and Kaylan L. Phillips , ActRight Legal Foundation, Plainfield, IN, for Plaintiffs-Appellants.

Mollie M. Lee (argued), Dennis J. Herrera , Therese M. Stewart , and Jon Givner , Office of the City Attorney, San Francisco, CA; Zackery P. Morazzini (argued) and Jack Woodside , Fair Political Practices Commission, Sacramento, CA; Kamala D. Harris , Tamar Pachter , and Daniel J. Powell , Office of the Attorney General, San Francisco, CA; Terence J. Cassidy and Kristina M. Hall , Porter Scott , Sacramento CA, for Defendants-Appellees.

Trevor Potter , J. Gerald Hebert , Paul S. Ryan , and Megan McAllen , The Campaign Legal Center, Washington, D.C., for Amicus Curiae The Campaign Legal Center.

Opinion by Judge Milan D. Smith, Jr.; Dissent by Judge Wallace.

OPINION

M. SMITH, Circuit Judge:

Appellants bring facial and as-applied challenges to California's Political Reform Act of 1974, Cal. Gov.Code. §§ 81000-91014(PRA), and seek (1) an injunction exempting them from the PRA's future reporting deadlines, and (2) declaratory and injunctive relief requiring the State to purge all records of Appellants' past PRA disclosures. The district court granted summary judgment in favor of the State of California...

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