Florida Right to Life v. Robert Butterworth

238 F.3d 1288

• Court: Court of Appeals for the Eleventh Circuit
• Decided: January 17, 2001
• Docket: 00-10245
• Status: Published

Opinion

[PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT FILED U.S. COURT OF APPEALS ________________________ ELEVENTH CIRCUIT JAN 17 2001 No. 00-10245 THOMAS K. KAHN CLERK ________________________

D. C. Docket No. 98-00770-CIV-ORL-19A

FLORIDA RIGHT TO LIFE, INC., FLORIDA RIGHT TO LIFE POLITICAL ACTION COMMITTEE,

Plaintiffs-Appellees,

versus

LAWSON LAMAR, in his official capacity as Florida State Attorney, VALERIE CROTTY, in her official capacity as a member of the Florida Elections Commission, et al.,

Defendants-Appellants.

________________________

Appeal from the United States District Court for the Middle District of Florida _________________________

(January 17, 2001) Before TJOFLAT, BARKETT and POLITZ*, Circuit Judges.

PER CURIAM:

Katherine Harris, Robert Butterworth, and various Florida state officials,

acting in their official capacities, appeal from an order enjoining the enforcement

of Florida Statutes Section 106.011(1), which governs the financing of electoral

campaigns.

Appellants concede that the statute is overbroad but suggest that the district

court should have interpreted the statute in a way that would pass constitutional

muster. Upon review we find no error in the district court’s enjoining the

enforcement of Florida Statutes Section 106.011(1) because it is unconstitutionally

overbroad under the First Amendment.

AFFIRMED.

* Honorable Henry A. Politz, U.S. Circuit Judge for the Fifth Circuit, sitting by designation.