VERMONT SOC. OF ASS'N EXECUTIVES v. MILNE

No. 00-032.

779 A.2d 20 (2001)

VERMONT SOCIETY OF ASSOCIATION EXECUTIVES, et al. v. James F. MILNE, Secretary of State.

Supreme Court of Vermont.

Motion to Amend Denied August 15, 2001.


Attorney(s) appearing for the Case

Robert B. Hemley of Gravel and Shea, Burlington, Nory Miller of Jenner & Block, and Jerald A. Jacobs of Shaw Pittman Potts & Trowbridge (Of Counsel), Washington, D.C., for Plaintiffs-Appellees.

William H. Sorrell, Attorney General, and Bridget C. Asay, Assistant Attorney General, Montpelier, for Defendant-Appellant.

Present: AMESTOY, C.J., DOOLEY, MORSE and SKOGLUND, JJ., and CHEEVER, Supr. J., Specially Assigned.


SKOGLUND, J.

In this appeal, the Secretary of State challenges the superior court's ruling that Vermont's tax on lobbying expenditures is unconstitutional. We conclude that, in singling out and burdening interests protected by the First Amendment, the lobby tax violates the United States Constitution under the heightened scrutiny required. Accordingly, we affirm the superior court's judgment.

Effective January 1, 1998, the Legislature imposed a five-percent...

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