Story is Perfectly Authentic, Says TNR CNN | Main | Illinois Secretary Of State Caves, Signs Burris' Certificate Of Appointment
January 09, 2009

Prop 8 Donors Ask a Federal Court to Seal Records

Supporters of the successful gay marriage ban argue that the First Amendment prohibits California from making their donation records public because it subjects them to attacks and reprisals based on their political opinion. They are seeking an exemption from the general disclosure laws.

"This lawsuit will protect the right of all people to help support causes they agree with, without having to worry about harassment or threats."

The lawsuit, filed Wednesday in federal court in Sacramento, asks the court to order the secretary of state's office to remove all donations for the proposition from its Web site. The groups announced the lawsuit Thursday.

It also asks the court to relieve the two groups and "all similarly situated persons" from having to meet the state's campaign disclosure requirements. That would include having to file a final report on Proposition 8 contributions at the end of January, as well as reports for any future campaigns the groups undertake.

There is some support for this position. Generally, contribution disclosure requirements have been upheld by the courts on the theory that they give voters more information about candidates or campaigns, deter corruption, and aid enforcement of contribution limits. The Supreme Court has held that those interests outweigh the First Amendment right against against compelled disclosure of political associations and beliefs.

However, the Court has also recognized an exemption from otherwise valid disclosure requirements on the part of someone who could show a "reasonable probability" that the compelled disclosure would result in "threats, harassment, or reprisals from either Government officials or private parties."

The plaintiffs here will need to meet the "reasonable probability" standard. The other outstanding question is whether a majority group--that is, the winners in an election--can take advantage of the exemption. In the first case, Buckley v. Valeo, the Court suggested that the exemption is available for "minor" or "new" parties defined as those who receive less than 25% of votes at the last election. In the second case, Brown v. Socialist Workers Comm., the group suing for an exemption had no more than 60 members.


digg this
posted by Gabriel Malor at 10:16 PM

| Access Comments




Recent Comments
Acme Explosives [/i]: " ♪ Oh, ho, the mistletoe Hung where you can ..."

RickZ: "The media are as shameless as a five dollar crack ..."

teej: "No shame man. It's early. And mornin' Eromero. ..."

NaCly Dog[/i][/b][/s]: "No work but chores today. And with that, every ..."

teej: "My cousin's mom put together a package for me. Bi ..."

RickZ: "[I]RickZ - I think in the style guide it would be ..."

Skip: "I need to get moving and make mine ..."

NaCly Dog[/i][/b][/s]: "Gem It's never one of the tribes that are not w ..."

RickZ: "[I]So, another day of work work work. Posted b ..."

teej: "That's what I'm drinking Skip. Well, I call it co ..."

Gem: "I was told by my grandma that we had Cherokee heri ..."

Eromero: "So, another day of work work work. At least not ra ..."

Recent Entries
Search


MuNuvians
Polls! Polls! Polls!
Frequently Asked Questions
The (Almost) Complete Paul Anka Integrity Kick
Top Top Tens
Greatest Hitjobs

The Ace of Spades HQ Sex-for-Money Skankathon
A D&D Guide to the Democratic Candidates
Margaret Cho: Just Not Funny
More Margaret Cho Abuse
Margaret Cho: Still Not Funny
Iraqi Prisoner Claims He Was Raped... By Woman
Wonkette Announces "Morning Zoo" Format
John Kerry's "Plan" Causes Surrender of Moqtada al-Sadr's Militia
World Muslim Leaders Apologize for Nick Berg's Beheading
Michael Moore Goes on Lunchtime Manhattan Death-Spree
Milestone: Oliver Willis Posts 400th "Fake News Article" Referencing Britney Spears
Liberal Economists Rue a "New Decade of Greed"
Artificial Insouciance: Maureen Dowd's Word Processor Revolts Against Her Numbing Imbecility
Intelligence Officials Eye Blogs for Tips
They Done Found Us Out, Cletus: Intrepid Internet Detective Figures Out Our Master Plan
Shock: Josh Marshall Almost Mentions Sarin Discovery in Iraq
Leather-Clad Biker Freaks Terrorize Australian Town
When Clinton Was President, Torture Was Cool
What Wonkette Means When She Explains What Tina Brown Means
Wonkette's Stand-Up Act
Wankette HQ Gay-Rumors Du Jour
Here's What's Bugging Me: Goose and Slider
My Own Micah Wright Style Confession of Dishonesty
Outraged "Conservatives" React to the FMA
An On-Line Impression of Dennis Miller Having Sex with a Kodiak Bear
The Story the Rightwing Media Refuses to Report!
Our Lunch with David "Glengarry Glen Ross" Mamet
The House of Love: Paul Krugman
A Michael Moore Mystery (TM)
The Dowd-O-Matic!
Liberal Consistency and Other Myths
Kepler's Laws of Liberal Media Bias
John Kerry-- The Splunge! Candidate
"Divisive" Politics & "Attacks on Patriotism" (very long)
The Donkey ("The Raven" parody)
News/Chat
Archives
Powered by
Movable Type 2.64