Wednesday, July 19, 2023

Progressive Democrats v. Bonta (9th Cir. - July 19, 2023)

California prohibits local employees from soliciting political contributions from coworkers, but not state employees. That doesn't make any sense, and is thus unconstitutional. So holds the Ninth Circuit.

That distinction is definitely tough to defend. As Judge Berzon's opinion explains at length, it's equally pernicious for both types of employees to solicit such contributions, and since this involves free speech, the First Amendment prohibits this differentiation.

I also couldn't help but take notice of the caption: "Progressive Democrats v. Bonta." Some people might say that's at least facially equivalent to Rob Bonta suing himself. :-)