Citizens Against Rent Control v. City of Berkeley

In Citizens Against Rent Control v. City of Berkeley (1980) 27 Cal.3d 819, an ordinance of the City of Berkeley imposed a limitation of $ 250 per contribution in support of, or in opposition to, any ballot measure. Several persons made contributions in opposition to an initiative measure in excess of that amount, and sued to enjoin enforcement of the limitation on the ground, among others, that it infringed upon their First Amendment right of political advocacy. The Supreme Court reviewed the ordinance in accordance with the standard of strict scrutiny. It noted that the right of initiative is a power reserved by the people. It is "'the duty of the courts to jealously guard this right of the people,'" and "there can be no doubt that government regulation designed to preserve the integrity of the initiative and referendum promotes a goal of the highest priority." (27 Cal.3d pp. 824-825.) Although a limitation upon the amount of contribution to a political committee impinged upon the rights of political contribution and freedom of association, such limitation was justified in view of possible corruption of the initiative process through unlimited contributions. Recognizing that counterarguments could be made as to the merit of such limitation, the court nevertheless concluded that such was ". . . a value judgment. On such matters we yield to legislative determination." (27 Cal.3d at p. 831.)