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TSCHIDA v. MOTL

No. 18-35115.

924 F.3d 1297 (2019)

Brad TSCHIDA, Plaintiff-Appellant, v. Jonathan MOTL, in his personal capacity; Jeff Mangan, in his official capacity as the Commissioner of Political Practices, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 29, 2019.

Attorney(s) appearing for the Case

Matthew G. Monforton (argued), Monforton Law Offices PLLC, Bozeman, Montana, for Plaintiff-Appellant.

J. Stuart Segrest (argued), Assistant Attorney General; Dale Schowengerdt , Solicitor General; Timothy C. Fox , Montana Attorney General; Office of the Attorney General, Helena, Montana; Andres Haladay (argued), Drake Law Firm PC, Helena, Montana; for Defendants-Appellees.

Joseph Terran Hause (argued) and Cheannie Kha , Certified Law Students; Eugene Volokh , Supervising Attorney; Scott & Cyan Banister First Amendment Clinic, UCLA School of Law, Los Angeles, California; for Amici Curiae Marion B. Brechner First Amendment Project and Pennsylvania Center for the First Amendment.

Before: William A. Fletcher and Jay S. Bybee, Circuit Judges, and Larry A. Burns, Chief District Judge.

OPINION

Montana law prohibits public disclosure of an ethics complaint lodged with Montana's Commission of Political Practices ("COPP") until the COPP decides either: (1) to dismiss the complaint as frivolous, failing to state a potential violation, or lacking in sufficient allegations, or (2) to allow the complaint...

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