Steven D. Schwinn
The Tenth Circuit agreed. The court applied “exacting scrutiny” and concluded that “the minimal informational interest [in disclosure] cannot justify the associated substantial burdens [of compliance].” The court noted that the small-scale nature of the Coalition had an impact on both sides of the balance. As to the informational interest, “the strength of the public’s interest in issue-committee disclosure depends, in part, on how much money the issue committee has raised or spent,” and the informational interest in the Coalition’s spending (about $3,500) was nothing like the informational interest in a group that spent, say, $10 million. As to the burden, the court noted that a small-scale organization like the Coalition faces greater challenges in compliance than a large-scale outfit.