Ohio Right to Life Society v. Ohio Elections Commission: Ohio Right to Life’s brief in support of its motion for preliminary injunction and TRO

Aug 26, 2010

Ohio Right to Life’s brief in support of its motion for preliminary injunction and TRO. Plaintiff Ohio Right to Life Society requests that the Court preliminary and permanently enjoin the enforcement of O.R.C. § 3517.01(B)(6), because, on its face, it violates the freedom of speech rights of ORTL that are protected under the First Amendment; that the Court preliminarily and permanently enjoin the enforcement of O.R.C. § 3517.1011 because on its face, it violates the freedom of speech and freedom of association rights of ORTL, and its members, that are protected under the First Amendment; that the Court preliminarily and permanently enjoin the enforcement of O.R.C. § 3599.03, to the extent that it precludes corporations and labor unions from utilizing treasury funds to support or oppose the election of candidates in Ohio, because on their face, these provisions violated the freedom of speech and freedom of association rights of ORTL, and its members, that are protected under the First Amendment; that the Court temporarily and permanently enjoin the State of Ohio from attempting to ban or regulate the content of any independent ORTL ads, that discuss candidates for state or federal office, whether or not they contain express exhortation to vote for or against candidates; that the Court enter declaratory relief in favor of ORTL, and its members, determining that the foregoing provisions of Ohio law are an unconstitutional violation of the First Amendment, and accordingly, that ORTL cannot be punished pursuant to the provisions of O.R.C. § 3517.992 and/or O.R.C. § 3599.03 for simply attempting to exercise its First Amendment rights; and that ORTL be granted such other and further relief as may appear during this action, including an award of costs and attorney’s fees, under 42 U.S.C. § 1988.

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