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VANNATTA v. GOVERNMENT ETHICS COM'N

CC 07C20464, CA A140080, SC S057570.

222 P.3d 1077 (2009)

347 Or. 449

Fred VANNATTA and Center to Protect Free Speech, Inc., an Oregon Not-For-Profit Corporation, Plaintiffs-Appellants, v. OREGON GOVERNMENT ETHICS COMMISSION, formerly known as the Oregon Government Standards and Practices Commission; and State of Oregon, Defendants-Respondents.

Supreme Court of Oregon, En Banc.

Decided December 31, 2009.

Attorney(s) appearing for the Case

John DiLorenzo, Jr., Davis Wright Tremaine LLP, Portland, argued the cause for plaintiffs-appellants. With him on the briefs were Gregory A. Chaimov, Aaron K. Stuckey, and Alan J. Galloway.

Anna M. Joyce, Assistant Attorney General, Salem, argued the cause for defendants-respondents. With her on the brief were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.

Linda K. Williams, Portland, and Daniel W. Meek, Portland, filed a brief on behalf of amici curiae Joan Horton, Ken Lewis, Bryn Hazell, Francis Nelson, Tom Civiletti, David Delk and Gary Duell.

DE MUNIZ, C.J.

Plaintiffs Fred Vannatta and the Center to Protect Free Speech brought this action for declaratory and injunctive relief, asserting that ORS 244.025(1)-(4) and ORS 244.042 (which, in general terms, regulate the solicitation, offering, and receipt of gifts by certain public and other persons) violate Article I, sections 8 and 26, of the Oregon Constitution and the First Amendment to the United States Constitution...

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