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THALHEIMER v. CITY OF SAN DIEGO

Nos. 10-55322, 10-55324, 10-55434.

645 F.3d 1109 (2011)

Phil THALHEIMER; Associated Builders & Contractors PAC, sponsored by Associated Builders & Contractors, Inc. San Diego Chapter; Lincoln Club of San Diego County; Republican Party of San Diego; John Nienstedt, Sr., Plaintiffs-Appellees, v. CITY OF SAN DIEGO, Defendant-Appellant. Phil Thalheimer; Associated Builders & Contractors PAC, sponsored by Associated Builders & Contractors, Inc. San Diego Chapter; Lincoln Club of San Diego County; Republican Party of San Diego; John Nienstedt, Sr., Plaintiffs-Appellees, v. City of San Diego, Defendant-Appellant. Phil Thalheimer; Associated Builders & Contractors PAC, sponsored by Associated Builders & Contractors, Inc. San Diego Chapter; Lincoln Club of San Diego County; Republican Party of San Diego; John Nienstedt, Sr., Plaintiffs-Appellants, v. City of San Diego, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 9, 2011.

Attorney(s) appearing for the Case

Richard L. Hasen (argued); Dick A. Semerdjian , Schwartz Semerdjian Haile Ballard & Cauley LLP, San Diego, CA, for the defendant-appellant.

James Bopp, Jr. (argued), Anita Y. Woudenberg , and Joseph E. La Rue, Bopp, Coleson & Bostrom, Terre Haute, IN; Gary D. Leasure , Law Offices of Gary D. Leasure, San Diego, CA, for the plaintiffs-appellees.

J. Gerald Hebert , Tara Malloy , Paul S. Ryan , The Campaign Legal Center, Washington, DC, for the amici curiae Campaign Legal Center, Center for Governmental Studies, and Common Cause.

David Blair-Loy , ACLU Foundation of San Diego & Imperial Counties, San Diego, CA, for the amicus curiae American Civil Liberties Union of San Diego & Imperial Counties.

Before: KIM McLANE WARDLAW and WILLIAM A. FLETCHER, Circuit Judges, and ROBERT J. TIMLIN, Senior District Judge.

OPINION

WARDLAW, Circuit Judge:

The modern era of campaign finance reform began in 1972, following the infamous break-in at the Watergate hotel. Congress responded to the ensuing scandal by overhauling the Federal Election Campaign Act to impose new caps on political spending, as states and cities followed suit with laws of their own. The City of San Diego (the "City") enacted its Municipal Election Campaign Control...

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