9th Circuit: Washington state $800 recall campaign contribution limit likely unconstitutional

Farris v. Seabrook, No. 11-35620 (9th Cir. Jan. 19, 2012)

Before: Raymond C. Fisher, Richard A. Paez and
Richard R. Clifton, Circuit Judges.

The district court granted a preliminary injunction prohibiting the State of Washington from enforcing its limitation on contributions to political committees supporting the recall of a state or county official. We conclude that the plaintiffs satisfied their burden under Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7 (2008), to demonstrate that the contribution limit is likely an unconstitutional and harmful burden on the plaintiffs’ rights of free speech under the First Amendment. Accordingly, the district court did not err in granting the injunction, and we affirm.