The following excerpt is from Thalheimer v. Diego, D.C. No.3:09-cv-02862-IEG-WMC, No. 10-55322, No. 10-55324, No. 10-55434 (9th Cir. 2011):
contribution limit, and an expenditure limit. Although the parties dispute the applicable level of scrutiny, we find it unnecessary to place the provision in one category or the other because Plaintiffs are likely to succeed in demonstrating the law to be unconstitutional under either standard. See Long Beach Area Chamber of Commerce v. City of Long Beach, 603 F.3d 684, 692-93 (9th Cir. 2010) (explaining that while a similar law was "not subject to easy classification as a contribution limitation or an expenditure limitation," resolving the issue was unnecessary because the law "does not withstand scrutiny under the constitutional standards applicable to either type of campaign finance regulation").
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