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NEW MEXICO YOUTH ORGANIZED v. HERRERA

No. 09-2212.

611 F.3d 669 (2010)

NEW MEXICO YOUTH ORGANIZED, a project of the Center for Civic Policy, and Southwest Organizing Project, Plaintiffs-Appellees, v. Mary HERRERA, in her capacity as Secretary of State, Defendant-Appellant, James Madison Center for Free Speech, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

June 30, 2010.

Attorney(s) appearing for the Case

Scott Fuqua, Assistant Attorney General (with Gary King, Attorney General of New Mexico, on the briefs), Santa Fe, New Mexico, for Appellant.

Sara Berger, Freedman Boyd Hollander Goldberg Ives & Duncan, P.A., (with John W. Boyd and David H. Urias on the brief), Albuquerque, New Mexico, for Appellees.

James Bopp, Jr. and Randy Elf, James Madison Center for Free Speech, Terre Haute, IN, filed an amicus curiae brief on behalf of the James Madison Center for Free Speech on Behalf of Appellees.

Before BRISCOE, Chief Judge, HOLLOWAY and HENRY, Circuit Judges.

HENRY, Circuit Judge.

Mary Herrera, the Secretary of State of New Mexico, appeals the district court's grant of summary judgment in favor of the appellees, New Mexico Youth Organized and Southwest Organizing Project. The district court ruled that Secretary Herrera's attempt to regulate these two organizations was unconstitutional. In assessing the constitutionality of the attempted regulation we apply principles from Buckley...

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