LIBERTARIAN PARTY OF INDIANA v. PACKARD

No. 83-3023.

741 F.2d 981 (1984)

The LIBERTARIAN PARTY OF INDIANA, Individually and on Behalf of its Members, Affiliates, and Sympathizers, and Janet Lawson and Sherry Lynn Evans, Individually and on Behalf of All Other Persons Similarly Situated, Plaintiffs-Appellants, v. Michael M. PACKARD, in His Official Capacity as Indiana Commissioner of Motor Vehicles, the Indiana Bureau of Motor Vehicles, Julian L. Ridlen in His Official Capacity as Treasurer of the State of Indiana, Otis E. Cox in His Official Capacity as Auditor of the State of Indiana, the Indiana Democrat State Central Committee, and the Indiana Republican State Central Committee, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 15, 1984.


Attorney(s) appearing for the Case

Ralph Ogden, Denver, Colo., for plaintiffs-appellants.

Daniel F. Evans, Jr., Bayh, Tabbert & Capehart, Gregory F. Hahn, Dillon, Hardamon & Cohen, Indianapolis, Ind., for defendants-appellees.

Before ESCHBACH and FLAUM, Circuit Judges, and JAMESON, Senior District Judge.


FLAUM, Circuit Judge.

This appeal involves a constitutional challenge to a state statutory scheme under which the State of Indiana raises revenue through the sale of personalized license plates and distributes a portion of that revenue to qualifying political parties. The plaintiffs claim that the Indiana scheme violates their rights under the first and fourteenth amendments, and they sought a preliminary injunction to restrain its implementation. The district court...

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