U.S. Circuit Court Throws Out Solicitation Ban - State and Federal Communications

July 21, 2023  •  

U.S. Circuit Court Throws Out Solicitation Ban

The James R. Browning U.S. Court of Appeals Building in San Francisco

The 9th U.S. Circuit Court of Appeals found that California’s Government Code §3205, which bars employees of local governmental entities from soliciting political contributions from coworkers but places no such restriction on state employees, is unconstitutional.

U.S. Circuit Judge Marsha S. Berzon held the statute’s discrimination against local employees is not justified under any arguably applicable standard.

Berzon specified that the case, Progressive Democrats for Social Justice v. Bonta, was decided on First Amendment principles, not equal protection concerns.

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