No. 18-1293

Evergreen Freedom Foundation, dba Freedom Foundation v. Washington

Lower Court: Washington
Docketed: 2019-04-12
Status: Denied
Type: Paid
Amici (5)Response WaivedRelisted (2) Experienced Counsel
Tags: ballot-initiative ballot-initiatives campaign-finance constitutional-vagueness due-process fair-campaign-practices-act first-amendment free-speech vagueness vagueness-doctrine
Key Terms:
AdministrativeLaw FirstAmendment DueProcess LaborRelations JusticiabilityDoctri
Latest Conference: 2019-06-13 (distributed 2 times)
Question Presented (AI Summary)

Whether Washington's campaign finance statutes violate due process by being unconstitutionally vague as applied to legal services for ballot initiative litigation with no election, and whether Washington's enforcement action violates the First Amendment when applied to such legal fees

Question Presented (OCR Extract)

QUESTIONS PRESENTED Petitioner presents two issues for review: 1. Do Washington campaign finance statutes Wash. Rev. Code §§ 42.17A.255 and 42.17A.005 violate Due Process under the Fifth and Fourteenth Amendments because they are vague as applied to legal services provided to citizens engaged in litigation pertaining to proposed initiative petitions when no campaign or election ever occurred? 2. Does Washington’s enforcement action under the Fair Campaign Practices Act, Wash. Rev. Code §§ 42.17A.255 et seq. violate the First Amendment to the United States Constitution—made applicable to the States through the Fourteenth Amendment to the United States Constitution—when it is extended to cover legal fees for litigation concerning Washington’s local ballot initiative process where no campaign or election ever occurred?

Docket Entries

2019-06-17
Motion for leave to file amicus brief filed by National Right to Work Legal Defense Foundation, Inc. GRANTED.
2019-06-10
Motion for leave to file amicus brief filed by National Right to Work Legal Defense Foundation, Inc. DISTRIBUTED for Conference of 6/13/2019.
2019-05-28
Petition DENIED.
2019-05-13
Motion for leave to file amicus brief filed by National Right to Work Legal Defense Foundation, Inc. (Distributed)
2019-05-13
Brief amici curiae of Liberty Justice Center, 60 Plus Association, Alliance Defending Freedom, Americans for Tax Reform, Beacon Center, Center for Worker Freedom, Center of the American Experiment, and Wisconsin Institute for Law & Liberty filed. (Distributed)
2019-05-13
Brief amici curiae of Cato Institute and The Institute for Free Speech filed. (Distributed)
2019-05-07
DISTRIBUTED for Conference of 5/23/2019.
2019-04-25
Waiver of right of respondent State of Washington to respond filed.
2019-04-25
Blanket Consent filed by Petitioner, Evergreen Freedom Foundation d/b/a Freedom Foundation.
2019-04-10
Petition for a writ of certiorari filed. (Response due May 13, 2019)

Attorneys

Cato Institute and The Institute for Free Speech
Ilya ShapiroCato Institute, Amicus
Evergreen Freedom Foundation d/b/a Freedom Foundation
Jason Brett TorchinskyHoltzman Vogel Josefiak Torchinsky PLLC, Petitioner
Liberty Justice Center, 60 Plus Association, Alliance Defending Freedom, Americans for Tax Reform, Beacon Center, Center for Worker Freedom, Center of the American Experiment, and Wisconsin Institute for Law & Liberty
Jeffrey Michael SchwabLiberty Justice Center, Amicus
National Right to Work Legal Defense Foundation, Inc.
Raymond J. LaJeunesse Jr.National Right to Work Legal Foundation, Amicus
State of Washington
Anne Elizabeth EgelerAttorney General's Office, Respondent