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Wednesday, October 03, 2018

https://fedsoc.org/commentary/blog-posts/pennsylvania-ruling-affirms-that-campaign-finance-prohibitions-must-be-justified


Deon and Magerko challenged a provision of the Pennsylvania Gaming Act that broadly prohibits political contributions from the following individuals:
(1) An applicant for a slot machine license, manufacturer license, supplier license, principal license, key employee license, interactive gaming license or horse or harness racing license.
On September 19, Judge Sylvia Rambo enjoined this provision as unconstitutional under the First Amendment.
The Supreme Court of Pennsylvania previously struck down Section 1513 in DePaul v. Commonwealth of Pennsylvania, 969 A.2d 536 (Pa. 2009).

HARRISBURG, Pa. (AP) — A federal judge on Wednesday struck down a Pennsylvania law that bars casino owners and others with a stake in the gambling industry from donating to political campaigns in the state, saying it is drawn so broadly that it is unconstitutional.
In her 31-page opinion, U.S. District Judge Sylvia Rambo said the provision violates constitutional protections over political association. However, Rambo did not close the door on lawmakers reviving a similar ban that is narrower in scope and tailored to the purpose of fighting corruption.
“The court holds only that the ban in its current form goes much further than necessary to achieve its stated purpose of eliminating corruption and the appearance of corruption,” Rambo wrote.

The U.S. Supreme Court, Rambo wrote, has ruled that preventing corruption, or the appearance of corruption, is the only sufficient reason to justify restrictions on political contributions.

http://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=04&div=0&chpt=15&sctn=13&subsctn=0

http://ballot-access.org/wp-content/uploads/2017/12/gov.uscourts.pamd_.112956.34.0.pdf 
the complaint.




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