Legal Opinion

Independence Institute v. Gessler

District Court, D. Colorado

Decided March 29, 2013No. Civil Action No. 10-cv-00609-PAB-MEHPublishedCited by 4 opinions

1Opinion of the Court

ORDER

PHILIP A. BRIMMER, District Judge.

The Court presided over a trial to the court from May 14 to May 24, 2012. The trial addressed one principal issue — whether the State of Colorado’s limitation on per-signature compensation for petition circulators violates the First Amendment to the United States Constitution. The following constitute the Court’s findings of fact and conclusions of law pursuant to Rule 52(a)(1) of the Federal Rules of Civil Procedure.

I. FINDINGS OF FACT

Plaintiffs are petition circulators, nonprofit organizations, and petition entities involved in the initiative and…

2Cases cited32 opinions

  1. Elrod v. BurnsSupreme Court of the United States · 1976
  2. Dombrowski v. PfisterSupreme Court of the United States · 1965
  3. Anderson v. CelebrezzeSupreme Court of the United States · 1983
  4. Citizens United v. Federal Election CommissionSupreme Court of the United States · 2010
  5. Turner Broadcasting System, Inc. v. Federal Communications CommissionSupreme Court of the United States · 1994

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3Cited by4 opinions

  1. Resource Development Council for Alaska, Inc.; Alaska Trucking Association, Inc.; Alaska Miners Association, Inc.; Associated General Contractors of Alaska; Alaska Chamber; and Alaska Support Industry Alliance v. Kevin Meyer, in his Official Capacity as Lt. Governor of the State of Alaska; Gail Fenumiai, in her Capacity as Direction of the Alaska Division of Elections; the State of Alaska, Division of Elections; and Vote Yes for Alaska's Fair Share, Vote Yes for Alaska's Fair Share v. Resource Development Council for Alaska, Inc.; Alaska Trucking Association, Inc.; Alaska Miners Association, Inc.; Associated General Contractors of Alaska; Alaska Chamber; and Alaska Support Industry Alliance v. Kevin Meyer, in his Official Capacity as Lt. Governor of the State of Alaska; Gail Fenumiai, in her Capacity as Direction of the Alaska Division of Elections; the State of Alaska, Division of ElectionsAlaska Supreme Court · 2021
  2. Wolfe v. BrownCourt of Appeals of Oregon · 2018
  3. Goodall v. WilliamsDistrict Court, D. Colorado · 2018
  4. Az Petition Partners v. Hon. thompson/stateCourt of Appeals of Arizona · 2022

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