Activities which are legal when freely given but criminal when purchased have been much in the news in last couple of days. Another of these is voting. In 2000, there was a scheme set up where people who really wanted to vote for Ralph Nader but lived in a state where it might matter could swap their votes with Gore voters in essentially uncontested states. Bill Jones, who was then California Secretary of State, threatened criminal prosecution. In August, a Ninth Circuit panel held that Jones had violated the First Amendment rights of the swappers and their broker. Today, the court denied rehearing en banc, Judges Kleinfeld, O'Scannlain, and Bea dissenting.