[EL] Limits to Disclosure, Delaware Style
Steve Hoersting
hoersting at gmail.com
Wed Apr 9 20:29:00 PDT 2014
Allen Dickerson and Zac Morgan have done a nice job -- with local counsel
David Wilks -- obtaining a preliminary injunction against a Delaware
statute that compels funding disclosure for voter guides.
Two items are noteworthy:
1. The A Team showed up on the "reform" side -- Randy Moss of WilmerHale
and our experienced friends at CLC -- and still the crew at my alma mater,
CCP, were able to secure the PI.
2. Someone, somewhere on the CCP side, had the wisdom to pull up the
APPELLATE Opinion in *Buckley* -- one I have never read in its entirety --
to access the adjudication of a disclosure provision for, wait for it...
non-partisan voter guides. That statutory section was not addressed in the
SCOTUS opinion, 424 U.S. 1, ....
* * *
Congratulations to CCP, whose young lawyers appear to have been wise and
willing enough -- and possessing the, shall I say, "Civic courage" -- to
start at the outer reaches of "it's just [harmless] disclosure" and work
their way in.
Find the opinion here:
http://www.campaignfreedom.org/wp-content/uploads/2014/03/Order-Granting-MPI.pdf
The bit about the appellate opinion in
*Buckley* can be found in the latter 1/3.
--
Stephen M. Hoersting
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