Florida Right to Life v. Lamar

Full title: FLORIDA RIGHT TO LIFE, INC., Florida Right To Life Political Action…

Court: United States Court of Appeals, Eleventh Circuit

Date published: Jan 17, 2001

238 F.3d 1288 (11th Cir. 2001)

Opinion

No. 00-10245.

January 17, 2001.

Arthur I. Jacobs, Jacobs Associates, P.A., Fernandina Beach, FL, John J. Rimes, III, Tallahassee, FL, for the Defendants-Appellants.

James Bopp, Jr., James R. Mason, III, Bopp, Coleson Bostrom, Terre Haute, IN, for Plaintiffs-Appellee.

Appeal from the United States District Court for the Middle District of Florida (No. 98-00770-CIV-ORL-19A); Patricia C. Fawsett, Judge.

Before TJOFLAT, BARKETT and POLITZ,^_ Circuit Judges.

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

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.