Free speech scored a victory today in Arizona. A federal judge issue a proposed order — again, preliminarily — that the state’s scheme of “matching funds” violates the First Amendment:
“[T]he regime burdens Plaintiffs’ First Amendment rights, is not supported by a compelling state interest,
is not narrowly tailored, and is not the least restrictive alternative,” wrote Judge Roslyn O. Silver in the 18-page order.
The Goldwater Institute ably represented the plaintiffs in this case, McComish v. Bennett. The Center for Competitive Politics filed a friend-of-the-court brief in support of the plaintiffs. Read it here.
The full proposed order ending the provisions, which punished non-participating candidates by giving additional taxpayer funds to participating candidates based on traditional candidate’s speech, is available here.
Commentary on tomorrow’s scheduled hearing by CCP President Sean Parnell in the East Valley Tribune, “Restore free speech by ending Clean Elections,” is here.
Note*: Silver has apparently indicated to attorneys that she wants to hear arguments likely putting her order on hold pending appeal or exempting candidates currently running under the system. Tune in tomorrow.
