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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46094 Judge Preska NEW YORK Civil Liberties Union brought an action against defendant in his capacity as executive director of the New York State Commission on Lobbying, seeking a declaratory judgment and injunctive relief for violations of the First Amendment and 42 USC �1983. Defendant moved to dismiss the complaint for lack of subject matter jurisdiction on Younger v. Harris abstention grounds because the commission’s proceeding was an “ongoing” one. The court ruled that the suit challenging the application of New York state’s lobbying law to a protest billboard may go forward, even though the state lobbying commission has withdrawn its investigation into the billboard. The court denied the motion of the New York Temporary State Commission on Lobbying to dismiss the suit as moot because the agency had repeatedly reversed its position on the matter, withdrawing and then re-starting its investigation in response to the course of litigation.

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