The brief explains why Colorado law should not be allowed to regulate CSG as an issue committee. No state has ever attempted to regulate sustained academic work as though it was a political ad, and there is therefore no reason to believe that the people of Colorado intended that result when enacting the state’s campaign finance rules. Furthermore, the state’s laws are so ambiguous that a federal judge was forced to ask the state Supreme Court for clarification, demonstrating that the laws in the state are not easily navigable for a small group like CSG.
The brief is part of ongoing litigation that began in federal court. The case argues that the First Amendment to the US Constitution bars Colorado from forcing small groups like CSG to register with the state before expressing an opinion on, or publishing an analysis of, issues which may become a ballot question.