A Free Speech Chill? Donor Disclosure Rules Debated at 10th Circuit

Her fellow Obama appointee U.S. District Judge Scott Matheson Jr. posed a similar question to the city of Santa Fe, represented by Campaign Legal Center attorney Tara Malloy. “I think it’s fair to say that courts are fairly lenient, in terms of the standard for standing in First Amendment cases,” Malloy said, adding the Rio Grande Foundation presented little evidence that the city’s ordinance produced a chilling effect that would prevent the foundation from participating in future campaigns. “The only bit of evidence Rio Grande submitted is the affidavit of its president, Paul Gessing, and in that affidavit the president states that Rio Grande Foundation fully intends to participate in the future and does not appear dissuaded from participating in ballot measurements in the future,” Malloy said.

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