CITY OF HILLSBORO v. PURCELL

TC 85-0424, 85-0425; CA A41670, A41671; SC S34643.

761 P.2d 510 (1988)

306 Or. 547

CITY OF HILLSBORO, Petitioner On Review, v. David L. PURCELL, Respondent On Review. City of Hillsboro, Petitioner On Review, v. Pete N. Dominici, Respondent On Review.

Supreme Court of Oregon, In Banc.

Decided September 20, 1988.


Attorney(s) appearing for the Case

Todd A. Bradley, Portland, argued the cause and filed the petition for petitioner on review.

Gordon T. Carey, Jr., Portland, argued the cause for respondents on review. With him on the briefs was David M. Taylor, Portland.

James M. Coleman, Paul C. Elsner and Peter A. Kasting, Lake Oswego, filed an amicus curiae brief on behalf of the League of Oregon Cities.

Thomas A. Balmer, Portland, filed an amicus curiae brief on behalf of ACLU Foundation of Oregon, Inc.

Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Kendall M. Barnes, Asst. Atty. Gen., Salem, filed an amicus curiae brief on behalf of the State of Or.


CAMPBELL, Justice.

We must decide whether Article I, section 8, of the Oregon Constitution, providing that "[n]o law shall be passed restraining the free expression of opinion, or restricting the right to speak, write, or print freely on any subject whatever * * *," prohibits a Hillsboro city ordinance which makes criminal "the practice of persons going in and upon private property or calling at residences * * * not having been requested or invited so to do * * *...

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