MONTANA CHAMBER OF COMMERCE; Sletten Construction; Lehrkind's Inc.; Kalispell Area Chamber of Commerce; Montana Hospital Association; Montana Farm Bureau; Montana Education Association, Plaintiffs-Appellees,
v.
Ed ARGENBRIGHT, in his official capacity as Commissioner of Political Practices, Defendant, and
League of Women Voters of Montana, Montana Common Cause, Montpirg 2030 Fund and Citizens for I-125, Defendant-Intervenor-Appellant.
Montana Mining Association; Northwest Mining Association; Communities for a Great Northwest; Golden Sunlight Mines, Inc.; Yellow Band Gold, Inc.; Continental Lime, Inc., Plaintiffs-Appellees,
v.
Ed Argenbright; Mike Cooney, Defendants, and
League of Women Voters of Montana, Montana Common Cause, Montpirg 2030 Fund and Citizens for I-125, Defendant-Intervenor-Appellant.
Montana Mining Association; Northwest Mining Association; Communities for a Great Northwest; Golden Sunlight Mines, Inc.; Yellow Band Gold, Inc.; Continental Lime, Inc., Plaintiffs-Appellees,
v.
Ed Argenbright, Defendant-Appellant, and
Mike Cooney, Defendant, and
League of Women Voters of Montana, Montana Common Cause, Montpirg 2030 Fund and Citizens for I-125, Defendant-Intervenor.
Montana Chamber of Commerce; Sletten Construction; Lehrkind's Inc.; Kalispell Area Chamber of Commerce; Montana Hospital Association; Montana Farm Bureau; Montana Education Association, Plaintiffs-Appellees,
v.
Ed Argenbright, in his official capacity as Commissioner of Political Practices, Defendant-Appellant, and
League of Women Voters of Montana, Montana Common Cause, Montpirg 2030 Fund and Citizens For I-125, Defendant-Intervenor.
Montana Mining Association, Plaintiff, and
Northwest Mining Association; Communities for A Great Northwest; Continental Lime, Inc., Plaintiffs-Appellants,
v.
Ed Argenbright; Mike Cooney, Defendants-Appellees, and
League of Women Voters of Montana, Montana Common Cause, Montpirg 2030 Fund and Citizens For I-125, Intervenor-Appellee.
Montana Mining Association, Plaintiff, and
Northwest Mining Association; Communities for A Great Northwest; Continental Lime, Inc., Plaintiffs-Appellees,
v.
Ed Argenbright, Defendant, and
Mike Cooney, Defendant-Appellant.
League of Women Voters of Montana, Montana Common Cause, Montpirg 2030 Fund and Citizens for I-125, Intervenor.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted November 3, 1999
Submission Withdrawn and Deferred November 10, 1999
Resubmitted September 20, 2000
Filed September 26, 2000
Attorney(s) appearing for the Case
William Perry Pendley, Mountain States Legal Foundation, Denver, Colorado, for the plaintiffs-appellants.
James M. Scheier, Assistant Attorney General, Helena, Montana, for appellant Ed Argenbright; Daniel J. Whyte, Special Assistant Attorney General, Helena, Montana, for defendant-cross-appellant Michael Cooney.
Brenda Wright, National Voting Rights Institute, Boston, Massachusetts, and Jonathan Motl, Reynolds, Motl and Sherwood, P.L.L.P., Helena, Montana, for defendant-intervenor-appellant League of Women Voters of Montana, Montana Common Cause, MontPirg 2030 Fund and Citizens for I-125.
Stanley T. Kaleczyc and Kimberly A. Beatty, Browning, Kaleczyc, Berry and Hoven, P.C., Helena, Montana, and Stephen A. Bokat, Chamber of Commerce of the United States of America, Washington, D.C., for plaintiff-appellee Montana Chamber of Commerce; Dale R. Cockrell and Steven E. Cummings, Christensen, Moore, Cockrell & Cummings, P.C., Kalispell, Montana, for plaintiffs-appellees Montana Mining Assoc. and Yellow Band Gold, Inc.; Alan L. Joscelyn, Gough, Shanahan, Johnson & Waterman, Helena, Montana, for plaintiff-appellee Golden Sunlight Mines, Inc.
Elizabeth Brenneman, Billings, Montana, for amicus curiae ACLU of Montana.
Karl J. Englund, Jack R. Tuholske, P.C., Missoula, Montana, Elizabeth A. Brennan, Rossbach Brennan, P.C., Missoula, Montana, for amicus curiae Montana Environmental Information Center, Montanans for Common Sense Mining Laws—for I-137, and Montana Council of Trout Unlimited.
Before: RYMER, HAWKINS, and McKEOWN, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
RYMER, Circuit Judge:
These consolidated appeals involve the initiative process in Montana. Montana state officials and the League of Women Voters appeal the district court's decision, following a bench trial, that Initiative 125 (I-125), which prohibits direct corporate expenditures in ballot initiative campaigns, violates the First Amendment.2 The Montana Mining Association and various organizations subject to I-125 sought to delay,...
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