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STATE v. 119 VOTE NO! COMMITTEE

No. 64332-6.

957 P.2d 691 (1998)

135 Wash.2d 618

STATE of Washington ex rel. PUBLIC DISCLOSURE COMMISSION, Appellant, v. 119 VOTE NO! COMMITTEE, Eileen Brown, Executive Director, Thomas Finch, Treasurer, Respondents. American Civil Liberties Union of Washington, a Washington nonprofit corporation, on behalf of itself and its members, Appellants, Irene Heninger, Jocelyn Marchisio, Jim Whiteside, Don Brazier, and Gary Machara, Commissioners, Washington State Public Disclosure Commission, in their official capacity; and Christine O. Gregoire, Attorney General of the State of Washington, in her official capacity, Respondents.

Supreme Court of Washington, En Banc.

Decided June 11, 1998.

Reconsideration Denied August 14, 1998.

Attorney(s) appearing for the Case

Christine Gregoire, Attorney General, Thomas G. Holcomb, Assistant Attorney General, Olympia, for Appellant.

Foster, Pepper & Shefelman, Christopher Kane, Bendich, Stobaugh & Strong, David Stobaugh, Seattle, for Respondent.

SANDERS, Justice.

The Public Disclosure Commission (PDC) alleges the 119 Vote No! Committee violated RCW 42.17.530(1)(a) by publishing false political advertising. We must decide two issues: does RCW 42.17.530(1)(a) violate the First Amendment on its face; and, if not, did the subject advertisement violate the statute. As we conclude, RCW 42.17.530(1)(a) indeed facially violates the First Amendment—the second question falls by the way.

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