Robert Winter, Jr. v. Steven Wolnitzek, et al

Filing

OPINION and JUDGMENT filed : The judgment of the district court as to the campaigning, speeches, endorsements, acting as a leader, and misleading statements clauses, and as to the facial challenge to the false statements clause, is AFFIRMED. The district court s judgment on the contributions clause and the as-applied challenge to the false statements clause is REVERSED, its judgment on the commits clause is VACATED, and the case is REMANDED for further consideration of that clause s meaning and validity. Decision for publication. R. Guy Cole, Jr., Chief Judge; Jeffrey S. Sutton (AUTHORING) and Deborah L. Cook, Circuit Judges. [16-5836, 16-5839, 16-5841]

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Case: 16-5836 Document: 35-3 Filed: 08/24/2016 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Nos. 16-5836/5839/5841 ROBERT A. WINTER, JR., Plaintiff - Appellee/Cross - Appellant, FILED Aug 24, 2016 DEBORAH S. HUNT, Clerk CAMERON A. BLAU; ALLISON JONES, Intervening Plaintiffs - Appellees/Cross - Appellants, v. STEVEN D. WOLNITZEK; JANET L. STUMBO; EDDY COLEMAN; DAVID PAUL BOWLES; DIANE E. LOGSDON; JOYCE KING JENNINGS; JIMMY SHAFFER, Defendants - Appellants/Cross - Appellees. Before: COLE, Chief Judge; SUTTON and COOK, Circuit Judges. JUDGMENT On Appeal from the United States District Court for the Eastern District of Kentucky at Covington. THIS CAUSE was heard on the record from the district court and was argued by counsel. IN CONSIDERATION WHEREOF, it is ORDERED that the judgment of the district court as to the campaigning, speeches, endorsements, acting as a leader, and misleading statements clauses, and as to the facial challenge to the false statements clause, is AFFIRMED. IT IS FURTHER ORDERED that the district court’s judgment on the contributions clause and the as-applied challenge to the false statements clause is REVERSED, its judgment on the commits clause is VACATED, and the case is REMANDED for further consideration of that clause’s meaning and validity. ENTERED BY ORDER OF THE COURT Deborah S. Hunt, Clerk

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