PLANNING & CONSERVATION LEAGUE, INC. v. LUNGREN

Docket No. C016761.

38 Cal.App.4th 497 (1995)

45 Cal. Rptr.2d 183

PLANNING AND CONSERVATION LEAGUE, INC., et al., Plaintiffs and Respondents, v. DANIEL E. LUNGREN, as Attorney General, etc., Defendant and Appellant.

Court of Appeals of California, Third District.

September 22, 1995.


Attorney(s) appearing for the Case

COUNSEL

Daniel E. Lungren, Attorney General, Floyd D. Shimomura, Assistant Attorney General, and Cyrus J. Rickards, Deputy Attorney General, for Defendant and Appellant.

Olson, Hagel, Fong, Leidigh, Waters & Fishburn and George Waters for Plaintiffs and Respondents.

Albert L. Schlosser, McCutchen, Doyle, Brown & Enersen, Terry J. Houlihan, Gregory Bowling, Robert Brundage and Stephanie N. Simonds as Amici Curiae.


OPINION

PUGLIA, P.J.

In this appeal, we hold that freedom of speech is unconstitutionally abridged by a statute which requires a proponent of an initiative measure to certify that no dedicated appropriation has been included in the measure in exchange for a campaign contribution for purposes of qualifying the measure for the ballot.

Senate Bill No. 424, 1991-1992 Regular Session (Stats. 1991, ch. 1189, hereafter SB 424) added...

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