Schuster

The question presented here is whether the provisions of Elections Code section 29410, prohibiting all anonymous political campaign literature, is constitutional. We decide the statute constitutes on its face an unconstitutionally overbroad restraint of freedom of expression contrary to the First Amendment of the United States Constitution and article I, section 2, of the California Constitution. We affirm the judgment granting a writ of prohibition restraining further criminal proceedings for alleged violations of the statute.

I

A complaint filed in the municipal court charged petitioners Richard Schuster, Robert Simon and Melvin Walter Lewis with violating section 29410. They sought a writ of prohibition in the superior court after their demurrer to the complaint in the municipal court was overruled. Their petition was granted. The People appeal. (Code Civ. Proc., §§ 904.1, 1110.)

II

Section 29410 compels disclosure on the face of any writing “having reference to an election, or any candidate, or to any measure” of the name and address of the individual “responsible for it.” In essence, it constitutes a prohibition of all anonymous political campaign literature,…