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NATIONAL ORGANIZATION FOR MARRIAGE v. DALUZ

No. 10-2304.

654 F.3d 115 (2011)

NATIONAL ORGANIZATION FOR MARRIAGE, Plaintiff, Appellant, v. John DALUZ, in his official capacity as chairman of the Rhode Island Board of Elections, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided August 11, 2011.

Attorney(s) appearing for the Case

James Bopp, Jr. , with whom Randy Elf , Jeffrey P. Gallant , Austin J. Hepworth , James Madison Center for Free Speech, Stephen A. Izzi , and Moses & Afonso, Ltd. were on brief, for appellant.

Rebecca Tedford Partington , Assistant Attorney General, with whom Peter F. Kilmartin , Attorney General, was on brief, for appellee.

Catherine R. Connors , Matthew D. Manahan , Michael J. Daly , Pierce Atwood LLP, Thomas R. Bender , and Hanson Curran LLP on brief for Gay & Lesbian Advocates & Defenders and Common Cause Rhode Island, amici curiae.

Before TORRUELLA, BOUDIN, and LIPEZ, Circuit Judges.

LIPEZ, Circuit Judge.

Appellant National Organization for Marriage ("NOM") appeals the denial of a preliminary injunction in its challenge to the constitutionality of a Rhode Island election law requiring the reporting of so-called "independent expenditures." NOM argues that Rhode Island's reporting requirement is both overbroad under the First Amendment and so vague in its terms as to violate due process. The district court, noting the minimal burden imposed by the...

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