SCHUSTER v. MUNICIPAL COURT

Docket No. 22008.

109 Cal.App.3d 887 (1980)

167 Cal. Rptr. 447

RICHARD SCHUSTER et al., Plaintiffs and Respondents, v. THE MUNICIPAL COURT FOR THE IMPERIAL COUNTY JUDICIAL DISTRICT OF IMPERIAL COUNTY, Defendant and Respondent; THE PEOPLE, Real Party in Interest and Appellant.

Court of Appeals of California, Fourth District, Division One.

August 28, 1980.


Attorney(s) appearing for the Case

COUNSEL

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Daniel J. Kremer, Assistant Attorney General, J. Richard Haden, Richard D. Garske and Patricia D. Benke, Deputy Attorneys General, for Real Party in Interest and Appellant.

Anthony L. Miller, Richard B. Maness and William P. Yee as Amici Curiae on behalf of Real Party in Interest and Appellant.

Joseph C. Daly, Jr., for Plaintiffs and Respondents.

Margaret C. Crosby, Alan L. Schlosser, Amitai Schwartz and Fred Okrand as Amici Curiae on behalf of Plaintiffs and Respondents.

No appearance for Defendant and Respondent.


OPINION

WEINER, J.

(1a) The question presented here is whether the provisions of Elections Code section 29410, prohibiting all anonymous political campaign literature, is constitutional.1 We decide the statute constitutes on its face an unconstitutionally overbroad restraint of freedom of expression contrary to the First Amendment of the United...

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