Levine

ORDER

Plaintiffs seek a preliminary injunction barring enforcement of both Cal. Gov’t Code section 84305.6 and subsection (a)(6) of Cal. Gov’t Code section 84305.5, as it stood before it was amended by Proposi tion 208. They assert that the disclosure requirements of these provisions violate their right to free speech protected by the First Amendment to the Constitution of the United States. I resolve their motion on the pleadings and evidence filed herein and after oral argument.

I.

BACKGROUND

Over a number of years, the California Legislature has imposed various disclosure requirements on so-called slate mailers. Prior to the passage of Proposition 208 in 1996, slate mail organizations were required to print the following disclosure in at least 8-point roman boldface type on each slate mailer:

See Cal. Gov’t Code § 84305.5(a)(2)(prior to amendment by Proposition 208). In addition, Cal. Gov’t Code § 84305.5(a)(6), as it stood before Proposition 208, prohibited sending a slate mailer unless:

See id.

Proposition 208 amended Cal. Gov’t Code § 84305.5. The above provisions were replaced by other slate mail disclosure provisions. The new provisions were ultimately found to be…