AFPI Secures Key Free Speech Win in the Ninth Circuit

Washington, D.C.— In a significant victory today the America First Policy Institute (AFPI) praised an appeals court decision blocking a “Speech Provision” in Arizona’s 2023 Election Procedures Manual, calling it a major victory for free speech.

In a decision issued Sept. 16, the U.S. Court of Appeals for the Ninth Circuit upheld a preliminary injunction against the Speech Provision, which attempted to ban political expression in and around polling places if it had the “effect” of intimidating or harassing voters. The court ruled that AFPI and its co-plaintiffs were likely to prevail on their claim that the provision was vague, overbroad, and threatened to criminalize ordinary political advocacy.

The panel held that AFPI and its partners had standing to contest the Speech Provision because they regularly engage in election-related advocacy and faced a credible risk of enforcement. The judges emphasized that the First Amendment protects robust political debate, even when it may be offensive to some.

Leigh Ann O’Neill, interim director of litigation at AFPI, said the ruling reinforces constitutional principles at the heart of American democracy. 

“This is a resounding win for the First Amendment,” she said. “Arizona officials created a rule so vague and sweeping that ordinary Americans could be silenced simply for wearing a hat or speaking their mind near a polling place. The Ninth Circuit rightly recognized that political speech is a core constitutional protection; AFPI will fight attempts to intimidate citizens and defend every American’s right to free expression.”

AFPI remains committed to protecting constitutional rights and promoting election integrity nationwide.