Heller

American Civil Liberties Union of Nevada v. Heller

Good Law
378 F.3d 979·2004 WL 1753264
United States Court of Appeals for the Ninth CircuitJune 4, 2002No. 01-15462California10,504 words

Opinion

Lead Opinion

Berzon, J.

Talley v. California, 362 U.S. 60, 64-65 , 80 S.Ct. 536 , 4 L.Ed.2d 559 (1960).

We are asked in this case to rule on the constitutionality of a Nevada statute that requires certain groups or entities publishing “any material or information relating to an election, candidate or any question on a ballot” to reveal on the publication the names and addresses of the publications’ financial sponsors. After the district court found no constitutional infirmities, we remanded for a determination of plaintiffs’ standing. Now satisfied that standing has been established, we hold that the statutory provision is facially unconstitutional because it violates the Free Speech Clause of the First Amendment, as explicated by McIntyre v. Ohio Elections Commission, 514 U.S. 334 , 115 S.Ct. 1511 , 131 L.Ed.2d 426 (1995).

BACKGROUND

Nevada Revised Statutes § 294A.320 1 requires persons either paying for or “responsible for paying for” the publication of “any material or information relating to an election, candidate or any question on a ballot” to identify their names and addresses on “any [published] printed or written matter or any photograph.” Advertising by candidates and political parties is…

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