It looks like you're using an Ad Blocker.
Please white-list or disable AboveTopSecret.com in your ad-blocking tool.
Thank you.
Some features of ATS will be disabled while you continue to use an ad-blocker.
emphasis mine
JUDGMENT: PURSUANT TO THE OPINION AND ORDER filed by Chief Judge Sargus on 5/11/2017, Defendants Motion to Dismiss is GRANTED. Signed by Clerk of Court on 5/11/2017. (mas) Modified text on 5/11/2017 (mas)
Plaintiff contends that “exit polls” are speech protected by the First Amendment to the United States Constitution because: (a) the information gathered and disseminated in “exit polls” goes to the heart of the democratic process, (b) the process of obtaining the information in “exit polls” requires a significant discussion between pollster and voter, and (c) “exit polls” provide a valued source of reliable data about voter behavior. EMR refuses to provide the plaintiff and people like him with access to its unadjusted “exit poll” results because they do not pay subscription fees to EMR. The Ohio Secretary of State is aware that EMR refuses to provide the plaintiff and people like him with access to its unadjusted “exit poll” results because they do not pay subscription fees to EMR.Complaint (ECF No. 2), ¶¶22-24.
Plaintiff also contends that, for the reasons stated above, there is a close nexus between EMR and the Ohio Secretary of State, such that EMR’s conduct may fairly be treated as action under color of state law. Moreover, the refusal of EMR to provide the plaintiff and people like him with access to its unadjusted “exit poll” results, because they do not pay subscription fees to EMR, unreasonably obstructs, impedes, and interferes with the free exercise of protected speech. Complaint (ECF No. 2), ¶¶25-26.
“Seth Rich, with the DNC,” he introduces himself, after clearing his throat. “I think some of you had spoken about provisional ballots and rejected ballots — I guess we have looked at, as an outside practitioner with a vested interest in training our voters, how do we get better access to data that tells us why ballots are rejected — why ballots are cast as provisional — so we can analyze that and develop better training guides?”