ZACKHEIM v. FORBES

93C 12528; CA A84090.

895 P.2d 793 (1995)

134 Or. App. 548

Ivan S. ZACKHEIM, Stephen J. Giardini and Steven H. Feldman, Appellants, v. Donald E. FORBES, in his official capacity as Director of Transportation; Theodore R. Kulongoski, in his official capacity as Attorney General of the State of Oregon; Department of Transportation; and State of Oregon, Respondents.

Court of Appeals of Oregon.

Decided May 24, 1995.


Attorney(s) appearing for the Case

Charles F. Hinkle, Portland, argued the cause for appellants. With him on the briefs was Stoel Rives Boley Jones & Grey.

Robert M. Atkinson, Asst. Atty. Gen., argued the cause for respondents. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Before RIGGS, P.J., and LANDAU and LEESON, JJ.


LEESON, Judge.

Plaintiffs brought this action for declaratory and injunctive relief challenging the constitutionality of ORS 802.220(7) and ORS 802.224.1 They appeal, assigning error to the trial court's grant of summary judgment for defendants (state) and denial of their motion for summary judgment. Because we conclude that the statutes are impermissible content-based restrictions on speech, we reverse.

Plaintiffs are lawyers...

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