Younger

Institute of Governmental Advocates v. Younger

Good Law
139 Cal. Rptr. 233·1977 Cal. App. LEXIS 1577·70 Cal. App. 3d 878
Court of Appeal of CaliforniaJune 21, 1977Civ. 48818California1,208 words

Opinion

Opinion

Kingsley, J.

The present appeal involves the validity of an interpretation made by appellant Fair Political Practices Commission of section 86202 of the Political Reform Act of 1974. The trial court issued a preliminary injunction prohibiting the enforcement of that interpretation. For the reasons set forth, below; we conclude that the interpretation enjoined constituted an invalid invasion of the right of free speech guaranteed by the First Amendment to the Constitution of the United States and by section 2 of article I of the California Constitution. Accordingly we affirm the injunction as issued.

Section 86202 of the Political Reform Act reads as follows: “It shall be unlawful for a lobbyist to make a contribution, or to act as an agent' or intermediary in the making of any contribution by himself or by any other person.”

Pursuant to its statutory power to issue interpretations of that act, the commission promulgated an interpretation of the word “arrange,” as used in section 86202. So far as is here pertinent, that interpretation reads as follows:

The trial court’s temporaiy injunction, herein appealed from, reads as follows:

The present appeal presents two problems: (1) does…

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