CHULA VISTA CITI'S FOR JOBS & FAIR COMP. v. NORRIS

No. 12-55726.

755 F.3d 671 (2014)

CHULA VISTA CITIZENS FOR JOBS AND FAIR COMPETITION; Lori Kneebone; Larry Breitfelder; Associated Builders And Contractors of San Diego, Inc., Plaintiffs-Appellants, v. Donna NORRIS; Mayor Cheryl Cox; Pamela Bensoussan; Steve Castaneda; John McCann, in his official capacity as Member of the Chula Vista City Council; Rudy Ramirez, Jr., in his official Capacity as Member of the Chula Vista City Council, Defendants-Appellees, State of California, Intervenor-Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 16, 2014.


Attorney(s) appearing for the Case

James Bopp, Jr. , The Bopp Law Firm, PC, Terre Haute, IN, argued the cause for the Plaintiff-Appellant. Richard E. Coleson , The Bopp Law Firm, PC, Terre Haute, IN, filed the briefs for the plaintiff-appellant. With him on the briefs were James Bopp, Jr. , The Bopp Law Firm, PC, Terre Haute, IN; Charles H. Bell, Jr. , and Brian T. Hildreth , Bell, McAndrews & Hiltachk, LLP, Sacramento, CA; and Gary D. Leasure , Workman Leasure, LLP, San Diego, CA.

Charles A. Bird , McKenna Long & Aldridge, LLP, San Diego, CA, argued the cause and filed a brief for the Defendant-Appellee.

George Waters , Deputy Attorney General of California, Sacramento, CA, argued the cause and filed a brief for the Defendant-Intervenor-Appellee. With him on the brief were Kamala D. Harris , Attorney General of California; Douglas J. Woods , Senior Assistant Attorney General; and Peter A. Krause , Supervising Deputy Assistant Attorney General, Sacramento, CA.

Opinion by Judge O'Scannlain, in which Judge Graber joins, except as to Part IV, and in which Judge Bea joins, except as to Part III. Judge Graber filed an opinion dissenting as to Part IV. Judge Bea filed an opinion concurring as to Part III.


OPINION

O'SCANNLAIN, Circuit Judge:

We must decide whether associations have a First Amendment right to serve as official proponents of local ballot initiatives and the extent to which the same Amendment protects the anonymity of initiative proponents.

I

A

This case arises from a political battle concerning labor unions. Chula Vista Citizens for Jobs and Fair Competition ("Chula Vista Citizens"), an unincorporated association...

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