Documente Academic
Documente Profesional
Documente Cultură
Plaintiff
v.
Civil Action No. 10-392-ML
Defendants
Defendants as follows:
1. This Court has jurisdiction over this case arising under 42 U.S.C. §
1983 and the First and Fourteenth Amendments to the Constitution of the United
States. 28 U.S.C. §§ 1331, 1343(a). This Court also has jurisdiction under the
2. Venue is proper because events giving rise to the claim occurred, and
1
Case 1:10-cv-00392-ML -DLM Document 17 Filed 10/07/10 Page 2 of 13
Parties
Dubois, Florence Gormley, Martin Joyce, Jr., Richard Pierce, and William West
have authority to investigate violations of, impose fines for the violation of, and
otherwise enforce the provisions of the statutes at issue in this action. R.I. Gen.
5. All Defendants act under color of law and are sued in their official
capacities.
Facts
with any political candidate or party, and is not connected with any political
marriage as the union of one husband and one wife,” (Exhibit 7), and its mission is
“to protect marriage and the faith communities that sustain it,” (Exhibit 1). NOM
advocates for policies, cooperates with other organizations, and engages in other
2
Case 1:10-cv-00392-ML -DLM Document 17 Filed 10/07/10 Page 3 of 13
2010, NOM wants to engage in multiple forms of speech in Rhode Island, including
radio ads, (Exhibits 2-3), television ads, (Exhibits 4-5), direct mail, (Exhibit 6), and
10. This speech will clearly identify candidates for state or local office in
11. The direct-mail exhibit refers to “Legislator Y,” which is meant to refer
to multiple members of the Rhode Island general assembly. When NOM actually
sends the direct-mail piece, it will substitute the names of specific general assembly
members.
12. This speech will run on radio and television stations reaching, and be
13. The cost of each of these ads, (Exhibits 2-6), will exceed $100.
14. The total cost of these activities will not amount to the majority of
15. The Rhode Island general election will be held on November 2, 2010,
and will include the offices of governor and seats in the general assembly.
16. The primaries were held on September 14, 2010, and included the
future election cycles, such that Rhode Island law will apply to NOM as it does now.
3
Case 1:10-cv-00392-ML -DLM Document 17 Filed 10/07/10 Page 4 of 13
18. NOM has a policy not to receive donations that are directed towards
19. NOM does not coordinate any of its speech with any candidate for state
of local office in Rhode Island, or any state or local party in Rhode Island.
20. NOM will not engage in its activities in Rhode Island if it has to
21. If the Court holds that NOM is not a political committee and may
make expenditures, NOM will comply with the independent expenditure reporting
Count 1
General Laws of Rhode Island § 17-25-3(10) Unconstitutionally Requires
Persons to Register as PACs.
committee” (“PAC”) is “any group of two (2) or more persons that accepts any
candidates.”
27. A PAC in Rhode Island must comply with many burdens, including
4
Case 1:10-cv-00392-ML -DLM Document 17 Filed 10/07/10 Page 5 of 13
contributions from, id. § 17-25-10.1(h)(1). See Citizens United, 130 S. Ct. at 897-98.
Gen. Laws § 17-25-13, and civil fines, R.I. Gen. Laws §§ 17-25-13, -16.
29. NOM challenges R.I. Gen. Laws § 17-25-3(10) because, if the corporate
PAC and be subject to the multiple accompanying burdens in order to engage in its
proposed activities.
30. But requiring NOM to register as a PAC before it can engage in its
jurisdiction. Buckley v. Valeo, 424 U.S. 1, 79 (1976). Neither is true in NOM’s case.
31. Furthermore, NOM challenges the PAC definition because, if the ban
is unconstitutional and NOM does not register as a PAC, NOM reasonably fears
that it would be in violation of the law because Rhode Island may consider the
contributions it receives “to be used for advocating the election or defeat of any
32. But the phrase “to be used for advocating the election or defeat of” is
5
Case 1:10-cv-00392-ML -DLM Document 17 Filed 10/07/10 Page 6 of 13
whether the contributions it receives fall under the definition, which would cause
NOM to fall under the PAC definition. Buckley, 424 U.S. at 76-77.
34. Because Rhode Island cannot show that its PAC definition is narrowly
Count 2
General Laws of Rhode Island § 17-25-10.1(h)(1) & (j) Unconstitutionally
Ban Corporations from Making Contributions and Expenditures.
political action committee, or political party committee . . . .” (See also Exhibit 10).
party.” See also Rhode Island Affiliate ACLU v. Begin, 431 F.Supp.2d 227, 240
6
Case 1:10-cv-00392-ML -DLM Document 17 Filed 10/07/10 Page 7 of 13
Gen. Laws § 17-25-13, and civil fines, R.I. Gen. Laws §§ 17-25-13, -16.
40. NOM challenges R.I. Gen. Laws §§ 17-25-10.1(h)(1) & (j) because they
behalf of or in opposition to” Rhode Island candidates. NOM reasonably fears that
Island PAC, would have to be created and engage in the proposed activity.
unconstitutional under Citizens United v. FEC, 130 S. Ct. 876 (2010), which struck
43. Rhode Island also cannot force NOM to create a PAC in order to speak
because Citizens United held that the federal statute was still a ban, and no less
(holding that “the PAC exemption . . . does not allow corporations to speak. . . . [and]
7
Case 1:10-cv-00392-ML -DLM Document 17 Filed 10/07/10 Page 8 of 13
unconstitutionally vague and overbroad, so that NOM does not know what
45. Because Rhode Island cannot show that its corporate expenditure ban
Count 3
General Laws of Rhode Island § 17-25-10(b) Unconstitutionally
Burdens Political Speech.
47. R.I. Gen. Laws § 17-25-10(b) provides that any person not otherwise
prohibited by law, see R.I. Gen. Laws § 17-25-10.1(j), may expend funds “to support
or defeat a candidate,” provided that the person report these expenditures if they
exceed $100. The expenditures must be reported to the board of elections and to the
48. If NOM may do such expenditures, and the PAC definition is either
unconstitutional because the phrase “to support or defeat a candidate” is vague and
8
Case 1:10-cv-00392-ML -DLM Document 17 Filed 10/07/10 Page 9 of 13
overbroad, Buckley, 424 U.S. at 76-77, and therefore regulates forms of speech
beyond what the Supreme Court has held may be regulated, id. at 44 n.52, 80;
unconstitutional because the State does not have a sufficiently important interest in
regulating core political speech, Buckley, 424 U.S. at 39, 48, that is neither “express
advocacy,” id. at 44 n.52, 80, nor “election-related,” Citizens United, 130 S. Ct. at
914.
copies of reports to other candidates. See Citizens for Responsible Gov’t State PAC v.
52. Because Rhode Island cannot show that its independent expenditure
under R.I. Gen. Laws § 17-25-3(10) and as a matter of law. NOM further asks that
the Court preliminarily and then later permanently enjoin its enforcement.
9
Case 1:10-cv-00392-ML -DLM Document 17 Filed 10/07/10 Page 10 of 13
NOM further asks that the Court preliminarily and then later permanently enjoin
its enforcement.
Laws §§ 17-25-10.1(h)(1), -10.1(j), does not apply to NOM as a matter of law. NOM
further asks that the Court preliminarily and then later permanently enjoin their
enforcement.
NOM’s speech. NOM further asks that the Court preliminarily and then later
further asks that the Court preliminarily and then later permanently enjoin their
enforcement.
held that a narrowing gloss were possible, NOM prays for the following relief:
10
Case 1:10-cv-00392-ML -DLM Document 17 Filed 10/07/10 Page 11 of 13
7. Plaintiff further seeks costs and attorneys’ fees under 42 U.S.C. § 1988
8. Any other relief this Court in its discretion deems just and appropriate.
Respectfully submitted,
October 7, 2010
11
Case 1:10-cv-00392-ML -DLM Document 17 Filed 10/07/10 Page 12 of 13
out in this complaint, and if called upon, I would competently testifr as to them.
I verify under penalty of perjury under the laws of the United States of
are true.
Dated:l'Ol'to
L2
Case 1:10-cv-00392-ML -DLM Document 17 Filed 10/07/10 Page 13 of 13
Certificate of Service
13
Case 1:10-cv-00392-ML -DLM Document 17-1 Filed 10/07/10 Page 1 of 5
Case 1:10-cv-00392-ML -DLM Document 17-1 Filed 10/07/10 Page 2 of 5
Case 1:10-cv-00392-ML -DLM Document 17-1 Filed 10/07/10 Page 3 of 5
Case 1:10-cv-00392-ML -DLM Document 17-1 Filed 10/07/10 Page 4 of 5
Case 1:10-cv-00392-ML -DLM Document 17-1 Filed 10/07/10 Page 5 of 5
Case 1:10-cv-00392-ML -DLM Document 17-2 Filed 10/07/10 Page 1 of 2
Case 1:10-cv-00392-ML -DLM Document 17-2 Filed 10/07/10 Page 2 of 2
Case 1:10-cv-00392-ML -DLM Document 17-3 Filed 10/07/10 Page 1 of 2
Case 1:10-cv-00392-ML -DLM Document 17-3 Filed 10/07/10 Page 2 of 2
Case 1:10-cv-00392-ML -DLM Document 17-4 Filed 10/07/10 Page 1 of 3
Case 1:10-cv-00392-ML -DLM Document 17-4 Filed 10/07/10 Page 2 of 3
Case 1:10-cv-00392-ML -DLM Document 17-4 Filed 10/07/10 Page 3 of 3
Case 1:10-cv-00392-ML -DLM Document 17-5 Filed 10/07/10 Page 1 of 3
Case 1:10-cv-00392-ML -DLM Document 17-5 Filed 10/07/10 Page 2 of 3
Case 1:10-cv-00392-ML -DLM Document 17-5 Filed 10/07/10 Page 3 of 3
Case 1:10-cv-00392-ML -DLM Document 17-6 Filed 10/07/10 Page 1 of 3
Case 1:10-cv-00392-ML -DLM Document 17-6 Filed 10/07/10 Page 2 of 3
Case 1:10-cv-00392-ML -DLM Document 17-6 Filed 10/07/10 Page 3 of 3
Case 1:10-cv-00392-ML -DLM Document 17-7 Filed 10/07/10 Page 1 of 4
Case 1:10-cv-00392-ML -DLM Document 17-7 Filed 10/07/10 Page 2 of 4
Case 1:10-cv-00392-ML -DLM Document 17-7 Filed 10/07/10 Page 3 of 4
Case 1:10-cv-00392-ML -DLM Document 17-7 Filed 10/07/10 Page 4 of 4
Case 1:10-cv-00392-ML -DLM Document 17-8 Filed 10/07/10 Page 1 of 4
Case 1:10-cv-00392-ML -DLM Document 17-8 Filed 10/07/10 Page 2 of 4
Case 1:10-cv-00392-ML -DLM Document 17-8 Filed 10/07/10 Page 3 of 4
Case 1:10-cv-00392-ML -DLM Document 17-8 Filed 10/07/10 Page 4 of 4
Case 1:10-cv-00392-ML -DLM Document 17-9 Filed 10/07/10 Page 1 of 26
Case 1:10-cv-00392-ML -DLM Document 17-9 Filed 10/07/10 Page 2 of 26
Case 1:10-cv-00392-ML -DLM Document 17-9 Filed 10/07/10 Page 3 of 26
Case 1:10-cv-00392-ML -DLM Document 17-9 Filed 10/07/10 Page 4 of 26
Case 1:10-cv-00392-ML -DLM Document 17-9 Filed 10/07/10 Page 5 of 26
Case 1:10-cv-00392-ML -DLM Document 17-9 Filed 10/07/10 Page 6 of 26
Case 1:10-cv-00392-ML -DLM Document 17-9 Filed 10/07/10 Page 7 of 26
Case 1:10-cv-00392-ML -DLM Document 17-9 Filed 10/07/10 Page 8 of 26
Case 1:10-cv-00392-ML -DLM Document 17-9 Filed 10/07/10 Page 9 of 26
Case 1:10-cv-00392-ML -DLM Document 17-9 Filed 10/07/10 Page 10 of 26
Case 1:10-cv-00392-ML -DLM Document 17-9 Filed 10/07/10 Page 11 of 26
Case 1:10-cv-00392-ML -DLM Document 17-9 Filed 10/07/10 Page 12 of 26
Case 1:10-cv-00392-ML -DLM Document 17-9 Filed 10/07/10 Page 13 of 26
Case 1:10-cv-00392-ML -DLM Document 17-9 Filed 10/07/10 Page 14 of 26
Case 1:10-cv-00392-ML -DLM Document 17-9 Filed 10/07/10 Page 15 of 26
Case 1:10-cv-00392-ML -DLM Document 17-9 Filed 10/07/10 Page 16 of 26
Case 1:10-cv-00392-ML -DLM Document 17-9 Filed 10/07/10 Page 17 of 26
Case 1:10-cv-00392-ML -DLM Document 17-9 Filed 10/07/10 Page 18 of 26
Case 1:10-cv-00392-ML -DLM Document 17-9 Filed 10/07/10 Page 19 of 26
Case 1:10-cv-00392-ML -DLM Document 17-9 Filed 10/07/10 Page 20 of 26
Case 1:10-cv-00392-ML -DLM Document 17-9 Filed 10/07/10 Page 21 of 26
Case 1:10-cv-00392-ML -DLM Document 17-9 Filed 10/07/10 Page 22 of 26
Case 1:10-cv-00392-ML -DLM Document 17-9 Filed 10/07/10 Page 23 of 26
Case 1:10-cv-00392-ML -DLM Document 17-9 Filed 10/07/10 Page 24 of 26
Case 1:10-cv-00392-ML -DLM Document 17-9 Filed 10/07/10 Page 25 of 26
Case 1:10-cv-00392-ML -DLM Document 17-9 Filed 10/07/10 Page 26 of 26
Case 1:10-cv-00392-ML -DLM Document 17-10 Filed 10/07/10 Page 1 of 5
Case 1:10-cv-00392-ML -DLM Document 17-10 Filed 10/07/10 Page 2 of 5
Case 1:10-cv-00392-ML -DLM Document 17-10 Filed 10/07/10 Page 3 of 5
Case 1:10-cv-00392-ML -DLM Document 17-10 Filed 10/07/10 Page 4 of 5
Case 1:10-cv-00392-ML -DLM Document 17-10 Filed 10/07/10 Page 5 of 5