Lind

Lind v. Grimmer

Good Law
30 F.3d 1115·1994 WL 380531
United States Court of Appeals for the Ninth CircuitJuly 22, 1994No. 93-16021California4,434 words

Opinion

Lead Opinion

Canby, J.

Opinion by Judge CANBY.

Hawaii Rev.Stat. § ll-216(d) prohibits disclosure of information concerning investigations undertaken by Hawaii’s Campaign Spending Commission. The State of Hawaii appeals the district court’s grant of summary judgment, which enjoined enforcement of the statute on the ground that it violates the First Amendment of the United States Constitution, both as applied to appellee Lind and on its face. We affirm.

I. BACKGROUND

When a complaint is filed with Hawaii’s Campaign Spending Commission, the Commission is required to determine whether there is probable cause that a campaign spending violation occurred, and if so, whether that violation was unintentional or willful. Haw.Rev.Stat. § 11-216. If the Commission finds probable cause that a willful violation occurred, it must advise the lieutenant governor, and it may initiate a prosecution. Haw. Rev.Stat. § 11 — 216(f)—(g). If it finds probable cause that an unintentional violation occurred, it must order the cited party to remedy that violation. Haw.Rev.Stat. § 11 — 216(f). If it finds no probable cause, it need take no further action. See id.

At issue in this appeal is Haw.Rev.Stat. § ll-216(d), which…

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