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YASSKY v. KINGS COUNTY DEMOCRATIC COUNTY COMMITTEE

No. 01 CV 3372 (NG).

259 F.Supp.2d 210 (2003)

David YASSKY, Steven Banks, Charles Barron, John W. Carroll, Bill De Blasio, Leslie Marshall, Charles Monaghan, David Reiss, and Lawrence R. Tierney, Plaintiffs, v. KINGS COUNTY DEMOCRATIC COUNTY COMMITTEE; Thomas J. Garry, Treasurer, Kings County Democratic County Committee; Jeffrey C. Feldman, Executive Director, Kings County Democratic County Committee; Executive Committee of the Kings County Democratic County Committee; Clarence Norman, Jr., Chair, Executive Committee of the Kings County Democratic County Committee; New York City Board of Elections; Weyman A. Carey, Michael J. Cilmi, Mark B. Herman, Douglas A. Kellner, Frederic M. Umane, Nancy Mottolaschacter, Terrence C. O'Connor, Vincent J. Velella, and Stephen H. Weiner, Commissioners, New York City Board of Elections, Defendants.

United States District Court, E.D. New York.

March 25, 2003.

Attorney(s) appearing for the Case

Brennan Center for Justice at NYU School of Law, Nancy Jean Northrup and Jeremy Michael Creelan, New York City, for plaintiff.

Israel Goldberg, Brooklyn, NY, for defendant.

OPINION AND ORDER

GERSHON, District Judge.

In Lerman v. Board of Elections, 232 F.3d 135 (2d Cir.2000), cert. denied, 533 U.S. 915, 121 S.Ct. 2520, 150 L.Ed.2d 692, (2001), the Court of Appeals for the Second Circuit invalidated, under the First Amendment, a New York State Election Law provision, contained in Section 6-132(2), which restricted political speech...

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