OAG 61-59.

• Case Date: April 21, 1961
• Court: Oregon

Oregon Attorney General Opinions 1961. OAG 61-59. 192OPINION NO. 61-59[30 Or. Op. Atty. Gen. 192]Senate Bill No. 457 prohibiting preprimary indorsements by major political parties violates freedom of speech and assembly as guaranteed by the Fourteenth Amendment of United States Constitution. [Senate Bill No. 457 returned by Governor, unsigned and unapproved, April 17, 1961.]No. 5207April 21, 1961Honorable Vernon CookState Senator You have requested an opinion as to whether Senate Bill No. 457 violates Article I, § 22, of the Oregon Constitution, guaranteeing freedom of speech and assembly. Senate Bill No. 457 authorizes a major political party to hold a state-wide convention to adopt a party platform and provides that the convention "shall not, through the platform it adopts or by any other means express a preference for or endorse any party candidate for nomination or election at a primary election." It further provides that a major political party convention shall not "restrict or attempt to restrict by the party platform or by any other action of the convention any member of the party from exercising his own judgment as to ballot measures, candidates, selection of public officers or legislative action." The last section states that no state, county or city central committee and no "county or city convention of a major political party may endorse or express a preference for any candidate for nomination or election at a primary election." Article I, § 8, Oregon Constitution, provides as follows: "No law shall be passed restraining the free expression of opinion, or restricting the right to speak, write, or print freely on any subject whatever; but every person shall be responsible for the abuse of this right." Article I, § 26, Oregon Constitution, provides as follows: "No law shall be passed restraining any of the inhabitants of the State from assembling together in a peaceable manner to consult for their common good; nor from instructing their Representatives; nor from applying to the Legislature for redress of greviances (sic)." Consideration must also be given to the First Amendment of the United States Constitution since freedom of speech is a fundamental personal right protected by the Due Process Clause of the Fourteenth Amendment from impairment by the states. Gitlow v. New York, (1925) 268 U.S. 652, 69 L. Ed. 1138; Fiske v. Kansas, (1927) 274 U.S. 380, 71 L. Ed. 1108; Hughes v. Superior Court of California, (1950) 339 U.S. 460, 94 L. Ed. 985; American Federation of Labor et al. v. Bain et al., (1940) 165 Or. 183, 106 P. (2d) 544. That amendment provides as follows: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of...