The James Madison Center has issued this press release that begins:
Yesterday, the United States District Court for the District of Utah ruled that the regulation of speech and organizations during ballot measure elections must be limited to unambiguously campaign related activities.
The court held that requiring disclosure of “political issues expenditures,” defined as a “payment . . . of money made for the purpose of influencing the approval or the defeat of a ballot proposition,” was unconstitutional as applied to free legal aid advertisements aired by the National Right to Work Legal Defense Foundation in 2007 at the same time as a vigorous debate on a school voucher ballot measure was taking place.
The opinion: National Right to Work Legal Defense and Education Fundation, Inc. v. Herbert, No. 2:07-CV-809 (D. Utah, Sept. 8, 2008).
