CopyCited 5 times | Published | District Court, S.D. Florida | 2 Media L. Rep. (BNA) 1818, 1975 U.S. Dist. LEXIS 11807
...of general circulation which is distributed in Miami, Fort Lauderdale and elsewhere throughout the state. Defendant Robert L. Shevin, Attorney General of the State of Florida, *1255 has rendered Opinion No. 73-334, asserting the constitutionality of Section 106.16, Florida Statutes, and Opinion No....
...The statute also requires that no political candidate be charged a higher rate than any other political candidate; however, this portion of the statute has not been attacked by plaintiff and, consequently, this decision will not deal in any way with that portion of the statute. A violation of Section 106.16 exposes a corporation to a fine of $10,000 and forfeiture of its right to do business in the state....
...tute because the Florida statute only proscribes distributing on Election Day any writing "against any candidate." The distinction has no vitality and the Florida statute falls squarely within the scope of Mills v. Alabama . CONCLUSION Both Sections 106.16 and 104.35 of Florida Statutes are declared to be unconstitutional on their face as violating the First Amendment to the Constitution except for that portion of § 106.16 not attacked and discussed previously. A declaratory judgment is hereby entered in favor of plaintiff and intervenors. NOTES [1] § 106.16(1) No person or corporation within the state publishing a newspaper or other periodical or operating a radio or television station or network of stations in Florida shall charge a candidate for state or county public office for political ad...
