DELAWARE STRONG FAMILIES v. ATTORNEY GEN. OF DEL.

No. 14-1887.

793 F.3d 304 (2015)

DELAWARE STRONG FAMILIES, a Delaware nonprofit corporation v. ATTORNEY GENERAL OF the State of DELAWARE, in his official capacity as Attorney General of the State of Delaware; Commissioner of Elections, in her official capacity as State Commissioner of Elections Appellants.

United States Court of Appeals, Third Circuit.

Opinion Filed: July 16, 2015.


Attorney(s) appearing for the Case

Jonathan G. Cedarbaum, Esq. , [ARGUED], Seth P. Waxman, Esq. , Wilmer Hale , Washington, DC, Joseph C. Handlon, Esq. , Aleph A. Woolfolk, Esq. , Delaware Department of Justice, Wilmington, DE, Counsel for Appellant.

Allen J. Dickerson, Esq. , [ARGUED], Zachary R. Morgan, Esq. , Center for Competitive Politics, Alexandria, VA, David E. Wilks, Esq. , Wilks, Lukoff & Bracegirdle, Wilmington, DE, Counsel for Appellee.

David B. Hird, Esq. , Weil, Gotshal & Manges, Washington, DC, Counsel for Amicus Appellants League of Women Voters of Delaware and Common Cause.

James Bopp., Jr., Esq. , Randy Elf, Esq. , James Madison Center for Free Speech, Terre Haute, IN, Lakewood, NY, Counsel for Amicus Appellee James Madison Center for Free Speech.

Heidi K. Abegg, Esq. , Webster, Chamberlain & Bean, Washington, DC, Counsel for Amicus Appellees United States Constitutional Rights Legal Defense Fund and National Right to Work Committee.

Before: McKEE, Chief Judge, GREENAWAY, JR., and KRAUSE, Circuit Judges.


OPINION

This case requires us to decide whether the Delaware Elections Disclosure Act (the "Act") is constitutional as applied1 to a 2014 Voter Guide ("Voter Guide") that Appellee Delaware Strong Families ("DSF") intended to produce and distribute. DSF's Complaint seeks a declaratory...

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