Facts

Plaintiffs filed a lawsuit against defendants for declaratory and injunctive relief.

PLAINTIFFS' CONTENTIONS:
Plaintiffs alleged that Government Code Section 84305.7(c) did not apply to their "California Public Safety Newsletter and Voter Guide" because such newsletter and voter guide did not identify itself or its source material as representing a nongovernmental organization. Plaintiffs argued that if Section 84305.7(c) applied to them and they were required to state on the newsletter and voter guide that it had "0 members" it would have a chilling effect and be a direct infringement on the content of their political speech.

DEFENDANTS' CONTENTIONS:
Defendants argued that Section 84305.7(c) was constitutional because it served California's informational interest in informing the voting public of who is speaking before an election

Result

The court granted defendants' motion for summary judgment and denied plaintiffs' motion for summary judgment. The court held that plaintiffs' slate mailer's use of the word "institute" did identify the mailer as representing a nongovernmental organization. The court further held that through the use of the word "California" in connection with the silhouette of firefighter, plaintiffs represented their source material as being public-employee firefighters. The court held that Section 84305.7(c) did apply to plaintiffs' slate mailer. The court further held that the statute was constitutional.