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HERBERT v. PDC

Nos. 57502-3-I, 57503-1-I.

148 P.3d 1102 (2006)

Ed HERBERT, Appellant, v. WASHINGTON STATE PUBLIC DISCLOSURE COMMISSION, Respondent. Dennis Nusbaum, Appellant, v. Washington State Public Disclosure Commission, Respondent.

Court of Appeals of Washington, Division 1.

December 18, 2006.

Attorney(s) appearing for the Case

Harriet Kay Strasberg, Attorney at Law, Olympia, WA, for Appellants.

Linda Anne Dalton, Atty General's Office, Govt & Enforcement, H. Bruce Marvin, WA State Attorney General's Office, Olympia, WA, for Respondent.

COLEMAN, J.

¶ 1 Ed Herbert and Dennis Nusbaum are public school teachers who were fined by the Public Disclosure Commission (PDC) for using school facilities in violation of RCW 42.17.130's prohibition on the use of public resources for political advocacy. They challenge the constitutionality of that statute as applied to them, arguing that it does not pass strict scrutiny as a restriction on their First Amendment free speech rights and that the statute as applied...

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