The 9th U.S. Circuit Court of Appeals has ruled Arizona Secretary of State Adrian Fontes cannot enforce a ban on offensive or insulting language in and around polling places.
The three-judge panel said the rule in the Elections Procedures Manual was so broad it could criminalize unintentional conduct.
Attorney Andrew Gould represents the plaintiffs and says the ruling is a victory for free speech.
"The speech restriction they had in the EPM went too far and gave too much discretion to government officials to criminalize and punish speech that they viewed as offensive or harassing," Gould said.
In the same ruling, the court said challengers did not have standing to sue on a provision allowing Fontes to canvass an election even if a county did not send in their results.
