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AUBURN POLICE UNION v. CARPENTER

Civ. No. 91-292-P-H.

798 F.Supp. 819 (1992)

AUBURN POLICE UNION, et al., Plaintiffs, v. Michael E. CARPENTER, as Attorney General of the State of Maine, Defendant.

United States District Court, D. Maine.

July 13, 1992.

Attorney(s) appearing for the Case

Leland N. Chisolm, Kelly, Remmel & Zimmerman, Portland, Me., Errol Copilevitz, John P. Jennings, Jr., Copilevitz, Bryant, Gray & Jennings, Kansas City, Mo., for plaintiffs.

Stephen L. Wessler, Asst. Atty. Gen., Augusta, Me., for defendant.

MEMORANDUM OF DECISION

HORNBY, District Judge.

This case addresses the constitutionality, under the First and Fourteenth Amendments, of a Maine statute prohibiting fundraising that tangibly benefits law enforcement activities.1 The statute can be enforced by injunctive relief and civil penalties. I conclude that the injunctive relief amounts to an unconstitutional prior restraint but that otherwise the statute is constitutional...

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