VanNATTA v. KEISLING

Nos. 95-35998, 95-35999.

151 F.3d 1215 (1998)

Fred VANNATTA; George Boehnke; Center to Protect Free Speech, Inc., Plaintiffs-Appellees, v. Phil KEISLING, in his capacity as Secretary of the State of Oregon; Ted Kulongoski, in his capacity as Attorney General of the State of Oregon, Defendants, and Gordon Miller, Defendant-intervenor-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 11, 1998.


Attorney(s) appearing for the Case

John R. Faust, Jr., Schwabe, Williamson & Wyatt, Portland, Oregon; John A. DiLorenzo, Jr., Hagen, Dye, Hirschy & DiLorenzo, Portland, Oregon, for plaintiffs-appellees VanNatta, et al.

Rives Kistler, Deputy United States Attorney, Salem, Oregon, for defendants-appellants Keisling, et al.

Donald Craig Mitchell, Anchorage, Alaska, for appellant Gordon Miller.

Jamin B. Raskin, Washington, D.C.; Abigail Turner, and John C. Bonifaz, Boston, Massachusetts, for the amicus.

Before: FERGUSON and BRUNETTI, Circuit Judges, and KING, District Judge.


Opinion by Judge FERGUSON; Partial Concurrence and Partial Dissent by Judge BRUNETTI.

FERGUSON, Circuit Judge:

I.

We adopt as the unanimous opinion of this panel all of Judge Brunetti's concurring opinion set forth in parts I, II, and III. We also adopt Part IV(A), which declares that Measure 6 is not closely drawn to advance the goal of preventing corruption and fails to pass muster under the First Amendment.

II.

We reject Judge...

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