FEDERAL ELECTION COM'N v. MASS. CITIZENS FOR LIFE

No. 84-1719.

769 F.2d 13 (1985)

FEDERAL ELECTION COMMISSION, Plaintiff, Appellant, v. MASSACHUSETTS CITIZENS FOR LIFE, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided July 31, 1985.


Attorney(s) appearing for the Case

Richard B. Bader, Asst. Gen. Counsel, Washington, D.C., with whom Charles N. Steele, Gen. Counsel, Lisa E. Klein, Washington, D.C., and Carol A. Laham were on brief for appellant.

Francis H. Fox, Boston, Mass., with whom E. Susan Garsh, Alexandra Leake, Robin A. Driskel and Bingham, Dana & Gould, Boston, Mass., were on brief for appellee.

James O'Connell, Sally O'Connell & Fitch, Boston, Mass., Jack C. Landau, Jane E. Kirtley, Washington, D.C., Harry L. Baumann, Steven A. Bookshester, J. Laurent Scharff, Pierson, Ball & Dowd, Washington, D.C., Richard N. Winfield and Rogers & Wells, New York City, were on brief for The Reporters Committee for Freedom of the Press, Nat. Ass'n of Broadcasters, Radio-Television News Directors Ass'n and Associated Press Managing Editors, amici curiae.

James J. Featherstone and Santarelli & Bond, Washington, D.C., on brief for National Rifle Ass'n of America, amicus curiae.

Marjorie Heins, Boston, Mass., and Elaine Millar, on brief for the Civil Liberties Union of Massachusetts, amicus curiae.

Joseph D. Alviani and Marcia Drake Seeler, New England Legal Foundation, Boston, Mass., on brief for Home Builders Assn. of Massachusetts, amicus curiae.

Before BREYER, Circuit Judge, ROSENN, Senior Circuit Judge, and TORRUELLA, Circuit Judge.


ROSENN, Circuit Judge.

In an effort to curb misuse of corporate funds and preserve integrity in the federal election process, Congress enacted a series of laws prohibiting corporate expenditures and contributions to political campaigns. This appeal presents the question of whether the current statute, codified at 2 U.S.C. § 441b (1982), prohibits the publication by a non-profit ideological organization of a Special Election...

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