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INDEPENDENCE INSTITUTE v. WILLIAMS

No. 14-1463.

812 F.3d 787 (2016)

INDEPENDENCE INSTITUTE, Plaintiff-Appellant, v. Wayne W. WILLIAMS, in his official capacity as the Colorado Secretary of State, Defendant-Appellee. Colorado Ethics Watch; Colorado Common Cause; Democracy 21; Public Citizen; and the Campaign Legal Center, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

February 4, 2016.

Attorney(s) appearing for the Case

Allen Dickerson ( Tyler Martinez , Center for Competitive Politics, and Shayne M. Madsen and John Stuart Zakhem , Jackson Kelly, PLLC-Denver, with him on the briefs), Center for Competitive Politics, Alexandria, Virginia, for Appellant.

Glenn E. Roper , Deputy Solicitor General ( Cynthia H. Coffman , Attorney General, Sueanna P. Johnson , Assistant Attorney General, and Frederick R. Yarger , Assistant Solicitor General, with him on the brief) Office of the Attorney General, Denver, Colorado, for Appellee.

Margaret G. Perl and Luis A. Toro , Colorado Ethics Watch , and Benjamin J. Larson , Ireland Stapleton Pryor & Pascoe, PC, Denver, Colorado, on the brief for Amici Curiae Colorado Ethics Watch and Colorado Common Cause.

Fred Wertheimer , Democracy 21, J. Gerald Hebert , Tara Malloy , Lawrence M. Noble , and Megan McAllen , The Campaign Legal Center, Donald J. Simon , Sonosky, Chambers, Sachse Enderson & Perry, LLP, and Scott L. Nelson , Public Citizen Litigation Group, Washington, DC, on the brief for Amici Curiae The Campaign Legal Center, Democracy 21 and Public Citizen.

Before TYMKOVICH, Chief Judge, MURPHY, and BACHARACH, Circuit Judges.

The Independence Institute is a non-profit corporation, organized and tax-exempt under 26 U.S.C. § 501(c)(3), that conducts research and educates the public on public policy. During the 2014 Colorado gubernatorial campaign, the Institute intended to air an advertisement on Denverarea television that was critical of the...

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