participants in vote buying and voter coercion schemes unscathed."
Id. at 234.
Moreover, the court observed that the Secretary had
failed to demonstrate why narrower alternatives, such as a statute
"mak[ing] it unlawful to use an image of a completed ballot in
connection with vote buying and voter coercion," would not advance
the purported state interests.
Id. at 235.
The district court
held the statute to be unconstitutional on its face and granted
declaratory relief to the plaintiffs, trusting that such relief
absent an injunction would secure compliance by the Secretary.
Id. at 236.
II.
We give de novo review to an appeal both from a ruling
on cross-motions for summary judgment and from pure issues of law.
Maritimes & Ne. Pipeline, LLC v. Echo Easement Corridor, LLC, 604
F.3d 44, 47 (1st Cir. 2010); Am. Home Assurance Co. v. AGM Marine
Contractors, Inc., 467 F.3d 810, 812 (1st Cir. 2006).
Here, no
material facts are in dispute; the issues are ones of law.
Buchanan v. Maine, 469 F.3d 158, 162 (1st Cir. 2006) (de
See
novo
review of issues of law on appeal from summary judgment).
The First Amendment, which applies to the States through
the Fourteenth Amendment, provides that "Congress shall make no
law . . . abridging the freedom of speech."
I.
Standards
to
evaluate
justifications
U.S. Const. amend.
by
the
state
of
a
restriction on speech turn, inter alia, on whether the restriction
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