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NEWS-PRESS PUB. CO., INC. v. FIRESTONE

No. 87-1504.

527 So.2d 223 (1988)

NEWS-PRESS PUBLISHING COMPANY, INC., d/B/a the Fort Myers News-Press, Appellant, v. George FIRESTONE, As Duly Elected Secretary of State, State of Florida; Dorothy Glisson, As Duly Appointed Deputy Secretary of Elections; Enid D. Earle, As Duly Elected Supervisor of Elections in and for Lee County, Florida; and Frank Wanicka, As Duly Elected Sheriff of Lee County, Florida, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied June 27, 1988.

Attorney(s) appearing for the Case

Steven Carta of Simpson, Henderson, Savage & Carta, Fort Myers, for appellant.

Robert A. Butterworth, Atty. Gen. and Jason Vail, Asst. Atty. Gen., Tallahassee, for appellees George Firestone and Dorothy Glisson.

Terrence F. Lenick of Allen, Knudsen, Swartz, De Boest, Rhoads & Edwards, P.A., Fort Myers, for appellee Enid Earle.

Barry Hillmyer, Fort Myers, for appellee Frank Wanicka.

Barry Richard of Roberts, Baggett, LaFace & Richard, Tallahassee, for amicus curiae The Florida Press Ass'n.

Florence Beth Snyder of Milledge, Iden & Snyder, Miami, for amicus curiae Pensacola News-Journal, Inc., and Cape Publications, Inc.

Laurel Lenfestey Helmers of Holland & Knight, Tampa, for amicus curiae The Tampa Tribune.

Wilson W. Wright, Tallahassee, for amicus curiae Florida State Ass'n of Supervisors of Elections, Inc.

THREADGILL, Judge.

We have for review an order of the circuit court holding section 101.121, Florida Statutes (1985) constitutional. We find the statute to be unconstitutional on its face because it is overbroad and violates rights guaranteed by the first amendment to the United States Constitution and article I, section 4 of the Florida Constitution. We therefore reverse.

The 1985 Florida Legislature amended section 101.121, Florida Statutes, to prohibit...

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