9th Circuit Court rules Fontes cannot enforce ban on offensive speech at polling places

• Court said the EPM provisions were too broad, could criminalize unintended conduct • Threat of prosecution could chill otherwise legal activity • Judges refused to curb the authority of the Secretary of State to certify incomplete returns

Secretary of State Adrian Fontes cannot enforce his ban on offensive or insulting speech at or around polling places, the 9th Circuit Court of Appeals ruled Tuesday.

The court concluded that the provisions Fontes included in the Elections Procedures manual are so broad that they could criminalize unintentional conduct.

Judge Kim Wardlaw, writing for the unanimous three-judge panel, also said the language would outlaw any activity that has the effect of harassing, intimidating or coercing voters, regardless of whether that was the intent. And the