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CITIZENS UNITED v. GESSLER

No. 14-1387.

773 F.3d 200 (2014)

CITIZENS UNITED, a Virginia Non-Stock Corporation, Plaintiff-Appellant, v. Scott GESSLER, in his official capacity as Secretary of State of the State of Colorado; Suzanne Staiert, in her official capacity as Deputy Secretary of State of the State of Colorado, Defendants-Appellees, and Colorado Democratic Party; Garold A. Fornander; Lucia Guzman; Dickey Lee Hullinghorst, Intervenors Defendants. Citizens for Responsibility And Ethics In Washington; Colorado Common Cause; Colorado Ethics Watch; Progressive United, Movants.

United States Court of Appeals, Tenth Circuit.

November 12, 2014.

Attorney(s) appearing for the Case

Theodore B. Olson , Gibson, Dunn & Crutcher LLP, ( Matthew D. McGill , Amir C. Tayrani , Lucas C. Townsend , Gibson, Dunn & Crutcher LLP, and Michael Boos , Citizens United, with him on the brief), Washington, D.C., for Plaintiff-Appellant.

Matthew D. Grove , Assistant Solicitor General, ( Daniel D. Domenico , Solicitor General; Leeann Morrill , First Assistant Attorney General; Kathryn A. Starnella , Assistant Attorney General; with him on the brief), Public Official Unit, State Services Section, Denver, CO, for Defendants-Appellees.

Martha M. Tierney and Edward T. Ramey , Heizer Paul LLP, Denver, CO, filed an Intervenor-Defendants' Brief for Colorado Democratic Party, Garold A. Fornander, Lucía Guzmán, and Dickey Lee Hullinghorst.

David R. Fine and Lino S. Lipinsky de Orlov , McKenna Long & Aldridge LLP, Denver, CO; Luis A. Toro and Margaret G. Perl , Colorado Ethics Watch, Denver, CO, filed an amicus curiae brief for Citizens for Responsibility and Ethics in Washington, Colorado Common Cause, Colorado Ethics Watch, and Progressive United.

Before HARTZ, TYMKOVICH, and PHILLIPS, Circuit Judges.

Citizens United is a nonprofit corporation that has made a name for itself through independent political activity. As noted by the district court, "its principal purpose is to promote social welfare through informing and educating the public on conservative ideas and positions on issues, including national defense, the free...

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