Judge says nonprofits’ mailers are ‘precisely the type of political expression that is constitutionally protected’ by the First Amendment This article has been updated.A federal judge sided with two nonprofits today in ruling that an attempt by the Secretary of State’s Office to force them to register as political action committees violates their First Amendment right to free speech. The 30-page decision, issued by U.S. District Judge Judith C. Herrera, states that mailers like this one sent out by New Mexico Youth Organized (NMYO) — which is a project of the Center for Civic Policy (CCP) — and SouthWest Organizing Project (SWOP) two to three months before last year’s June primary don’t meet the narrow definition in federal law of political activity and thus can’t be regulated as such. The mailers, Herrera wrote in her decision, didn’t mention any election in which the legislators might be running. Instead, they focused on an upcoming special legislative session on health care reform, cited positions taken by lawmakers in the regular session that had just ended, warned of influence corporate interests might have been trying to buy with campaign contributions and urged recipients to contact their legislators. “Rather than being unambiguously campaign-related and the functional equivalent of express advocacy for the defeat of a particular candidate, the ads identify an issue, give the recipients information related to that issue, and urge them to contact their legislator with respect to that issue,” the decision states. Continue Reading