STATE v. MOYER

040935104; A128796 (Control); 040935105; A128797; 040935106; A128798.

200 P.3d 619 (2009)

225 Or. App. 81

STATE of Oregon, Plaintiff-Appellant, v. Thomas Paul MOYER, Defendant-Respondent. State of Oregon, Plaintiff-Appellant, v. Vanessa Colleen Sturgeon, aka Vanessa Sturgeon, aka Vanessa Colleen Kassab, Defendant-Respondent. State of Oregon, Plaintiff-Appellant, v. Sonja R. Tune, Defendant-Respondent.

Court of Appeals of Oregon, En Banc.

Decided January 7, 2009.


Attorney(s) appearing for the Case

Timothy A. Sylwester, Assistant Attorney General, argued the cause for appellant. On the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General, and Erika Hadlock, Assistant Solicitor General.

Michael T. Garone and Janet Lee Hoffman, Portland, argued the cause for respondents. With them on the joint brief were David Axelrod and Schwabe, Williamson & Wyatt, P.C., Nicholas Cropp and Law Offices of Janet Lee Hoffman, and Ronald Hoevet and Hoevet, Boise & Olson, P.C.

Before BREWER, Chief Judge, and EDMONDS, LANDAU, HASELTON, ARMSTRONG, WOLLHEIM, SCHUMAN, ORTEGA, ROSENBLUM, and SERCOMBE, Judges.


LANDAU, J.

Defendants were charged with violating ORS 260.402 (2003),1 which provides, in essence, that it is unlawful to lie about the source of political campaign contributions. Defendants demurred to the indictment on the ground that the statute, on its face, violates various provisions of the state and federal constitutions, in particular, the free speech guarantees of Article I, section 8, of the Oregon Constitution and the First...

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