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AMICUS CURIAE BRIEF
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EXTRACTED KEY WORDS
PLAINTIFFS CITIZENS HAMPSHIRE STENSON LAW VOTERS COMPLAINT ADVOCACY AMICI DISCLOSURE CANDIDATES STATUTE ELECTION FIRST AMENDMENT PROVISIONS BUCKLEY SUPREME COURT FEDERAL ELECTION COMMUNICATIONS POLITICAL ADVERTISING DISTRICT COURT MEMORANDUM CONSTITUTIONALITY RSA INTERPRETATION ADVERTISEMENTS ADVOCACY TEST CORRUPTION NARROWING CONSTRUCTION |
UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
____________________________________
ROGER STENSON, and CITIZENS FOR )
LIFE, INC., ))
Plaintiffs, ))
v. ) Civil Action No. 00-514-JD
)
PHILIP MCLAUGHLIN, in his official )
capacity as the New Hampshire Attorney )
General and JEANNE SHAHEEN, in her )
official capacity as Governor of the state of )
New Hampshire, ))
Defendants. )
____________________________________)
MEMORANDUM OF LAW OF AMICI CURIAE IN OPPOSITION TO
PLAINTIFFS' MOTION FOR TEMPORARY RESTRAINING ORDER AND
PRELIMINARY INJUNCTION
Amici Curiae League of Women Voters of New Hampshire and New Hampshire
Public Interest Research Group submit this memorandum of law in opposition to
plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction, which
the Court has "consolidated with a consideration of the case on the merits." Procedural
Order, November 7, 2000. To the extent that the Court Order transformed plaintiffs'
pleadings into a motion for summary judgment, Amici submit this memorandum of law to
oppose summary judgment in favor of plaintiffs.
STATEMENT OF THE CASE
Plaintiffs filed a Verified Complaint on October 31, 2000, seeking temporary and
permanent injunctive relief in the form of a court order declaring three provisions of RSA
Chapter 664 unconstitutional. Though plaintiffs' complaint alleges four causes of action,
they in effect make only two arguments: 1) that the definition of "political advertising"
set forth in RSA § 664:2, VI impermissibly regulates so-called "issue advocacy"; and 2)
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