March 30, 2005
Judge Rules In Favor Of Francesconi Contributors
Says Law Is Too Broad, Restricts Political Speech
Much political hay was made last year, both here on this site and elsewhere locally, of charges filed against three contributors to the Mayoral campaign of former Commissioner Jim Francesconi. So before we forget, we are duty-bound to mention today's Oregonian report on the latest developments in the case.
Circuit Judge John Wittmayer issued a ruling in the case yesterday which, while disgareeing with the defendant's claim that the law in question is too vague, said that it's overly-broad and restricts political speech, and therefore violates the Oregon Constitution's expansive protections of free expression.
According to The Oregonian, the prosecutors intend to take the matter to the Court of Appeals, where the issues of constitutionality would be further addressed. "But unless the appellate court overrules Wittmayer," says the paper, "the case against Moyer, Kassab and Tune is at an end."