Farris

Farris v. Seabrook

Good Law
677 F.3d 858·2012 WL 1194154·2012 U.S. App. LEXIS 7870
United States Court of Appeals for the Ninth CircuitApril 11, 201211-35620California4,337 words

Opinion

Opinion

Fisher, J.

ORDER

The opinion filed January 19, 2012, and appearing at 667 F.3d 1051 (9th Cir.2012), is AMENDED. An amended opinion will be filed concurrently with this order.

With this action, the panel has voted to deny the petition for panel rehearing and rehearing en banc.

The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35.

The petition for panel rehearing and rehearing en banc, filed February 9, 2012, is DENIED.

No further petitions for rehearing will be accepted.

OPINION

The district court granted a preliminary injunction prohibiting the State of Washington from enforcing its limitation on contributions to political committees supporting the recall of a state or county official. We conclude that the plaintiffs satisfied their burden under Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7 , 129 S.Ct. 365 , 172 L.Ed.2d 249 (2008), to demonstrate that the contribution limit is likely an unconstitutional and harmful burden on the plaintiffs’ rights of free speech under the First Amendment. Accordingly, the district court did not err in granting the injunction,…

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