Lair

Lair v. Bullock

Bad Law
798 F.3d 736·2015 WL 5103023
United States Court of Appeals for the Ninth CircuitMay 26, 2015Nos. 12-35809, 12-35889California5,475 words

Opinion

Lead Opinion

Bea, J.

ORDER

The opinion filed on May 26, 2015 is replaced by the amended opinion filed concurrently with this order. With these amendments, Judges Bea and Murguia have voted to deny the petition for rehearing en banc, and Judge Fisher so recommends.

The suggestion for rehearing en banc has been circulated to the full court, and no judge has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35(b). The petition for rehearing en banc is DENIED.

No further petitions shall be entertained.

OPINION

We are called on to determine whether Montana’s dollar limits on contributions to political candidates are constitutional under the federal Constitution’s First Amendment. The claims against the limits are familiar. Limitations on contributions effectively abridge free speech in two primary ways. First, the contribution itself is a general expression of the donor’s support for the candidate and his views. Limiting the amount a donor can contribute curtails that expression. Second, it costs the candidate money to produce political speech that will be heard. Without that money, candidates will be silenced; their ideas will not be considered by the voters at elections.

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