SAMPSON v. BUESCHER

Nos. 08-1389, 08-1415.

625 F.3d 1247 (2010)

Karen SAMPSON; Norman Feck; Louise Schiller; Tom Sorg; Wes Cornwell; Becky Cornwell, Plaintiffs-Appellants/Cross-Appellees, v. Bernie BUESCHER, in his official capacity as Colorado Secretary of State, Defendant-Appellee/Cross-Appellant. Center for Competitive Politics; Independence Institute; National Taxpayers Union; Sam Adams Alliance; Colorado Common Cause, Brennan Center for Justice at NYU School of Law, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

November 9, 2010.


Attorney(s) appearing for the Case

Steven M. Simpson ( William H. Mellor , with him on the briefs), Institute for Justice, Arlington, VA, for Plaintiffs-Appellants/Cross-Appellees.

Monica M. Marquez , Assistant Solicitor General, ( John W. Suthers , Attorney General, and Maurice G. Knaizer , Deputy Attorney General, with her on the briefs), Denver, CO, for Defendant-Appellee/Cross-Appellant.

Reid Alan Cox and Stephen M. Hoersting , Center for Competitive Politics, Alexandria, VA, filed an amicus curiae brief for Center for Competitive Politics, Independence Institute, National Taxpayers Union and, Sam Adams Alliance.

J. Lee Gray , Holland & Hart LLP, Greenwood Village, CO, filed an amicus curiae brief for Colorado Common Cause.

Angela Migally , Monica Youn , and Laura MacCleery , Brennan Center for Justice, New York, NY, filed an amicus curiae brief for Brennan Center for Justice at NYU School of Law.

Before BRISCOE, Chief Circuit Judge, McKAY, and HARTZ, Circuit Judges.


HARTZ, Circuit Judge.

There is nothing novel about requiring election campaign committees in this country to file periodic reports, including disclosures of names of contributors and the amount contributed. Many judicial decisions have considered whether particular reporting and disclosure requirements can withstand scrutiny under the First Amendment. The great bulk of those decisions, however, concern committees that are working for or against candidates for public...

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