PUBLIC INFORMATION — Acting on behalf of supporters of Proposition 8 who have experienced various acts of harassment by the measure's opponents, the ProtectMarriage.com-Yes on 8 committee today filed a challenge in federal court in Sacramento to the constitutionality of Californias campaign finance laws that compel identification of larger ballot measure campaign donors.
- The right of contributors to exercise their First Amendment rights free from threats, harassment and reprisals outweighs the states interest in compelled disclosure.
- The Acts requirements that committees report all contributors of $100 or more is unconstitutionally overbroad in violation of the First Amendment because it is not narrowly tailored to serve a compelling government interest.
- The Acts requirement for ballot measure committees to file any reports after the election is unconstitutional under the First Amendment because it is not narrowly tailored to serve a compelling government interest.
- The Act is unconstitutional under the First Amendment because it does not contain a mechanism for purging all reports related to a ballot measure after the election has occurred.