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National Organization For Marriage v. Walter F. Mckee, In His Official Capacity As Member of the Commission

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Before Torruella, Boudin, and Lipez, Circuit Judges.

This appeal requires us to address the constitutionality of several Maine election laws governing, inter alia, the registration of political action committees (“PACs”) and the disclosure and reporting of information about expenditures made for election-related advocacy.*fn1 Appellant National Organization for Marriage (“NOM”), a New Jersey-based nonprofit corporation organized for the purpose of providing “organized opposition to same-sex marriage in state legislatures,” contends that Maine’s laws are unconstitutionally vague and overbroad. Claiming a chill of its First Amendment-protected advocacy efforts in Maine, NOM brought a facial and as-applied challenge seeking an injunction against the laws’ enforcement and a declaration of their unconstitutionality. On summary judgment, the district court largely rejected NOM’s claims, agreeing only that the phrase “for the purpose of influencing,” which the court severed from the provisions in which it appeared, was unconstitutionally vague.*fn2

NOM renews here its arguments challenging Maine’s laws on vagueness and overbreadth grounds. NOM asks as well that we reverse a ruling by the district court unsealing the trial record. In turn, the defendants (various Maine officials) contend that the district court erred in finding vague, and severing from Maine’s statutes, the phrase “for the purpose of influencing.”

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