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From the staff of the Tampa Bay Times

Rick Scott's appeal slams Florida's law for violating free speech



Republican candidate for governor Rick Scott submitted his appeal brief to the 11th Circuit Court of Appeal in Atlanta at noon Tuesday, claiming that the federal district court's argument was flawed when it upheld the Florida law on public campaign finance in light of a U.S. Supreme Court decision striking down the "Millionaire's Amendment" as an attempt to level the playing field.

"The district court is not free to uphold a statute 'antithetical to the First Amendment' in an effort to rewrite the Supreme Court's campaign finance jurisprudence," Scott's attorneys wrote in a 42-page brief. They called the ruling "nothing more than a dressed-up version of the 'leveling the playing field' rationale that the Supreme Court has repeatedly considered and rejected as insufficient to justify substantial burdens on campaign speech.''

The state's brief is now due on July 26. Scott's attorneys have until the next day to answer it, and his lawyers are asking for oral arguments. No decision on that has been made yet, although the state argues it's unnecessary.

Here's the brief: Download Scott Brief of Appellant - file-stamped[1]


[Last modified: Thursday, September 9, 2010 10:14am]


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