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FLINT v. DENNISON

No. 05-35441.

488 F.3d 816 (2007)

Aaron FLINT, Plaintiff-Appellant, v. George DENNISON, in his official capacity as President of the University of Montana-Missoula (UMT); Associated Students of the University of Montana (ASUM); Kyle Engelson, in his official capacity as the ASUM Elections Committee Chair; Justin Baker; Averiel Wolff; Sophia Alvarez; Anna Green; Kris Monson; Derek Duncan; Katie Boeckx, in their official capacities as Elections Commissioners for the Associated Students of UMT; Jessica Adam, Defendants-Appellees, and Gale Price, President; Vinnie Pavlish, ASUM Vice President; Cassie Morton, ASUM Business Manager, and ex-officio member of ASUM Senate; Bryce Bennett; Andrew Bissell; Brad Cederberg; Tyler Clairmont; Nezha Haddouch; Shawana Hagen; Chris Healow; Andrea Helling; Derf Johnson; Britta Padgham; Kimberly Pappas; Josh Peters; Rebecca Pettit; Jake Pipinich; Ross Properi; Jon Snodgrass; Leslie Venetz; Nathan Ziegler; Casey Hogue, in their official capacities as ASUM Senators, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed June 1, 2007.

Attorney(s) appearing for the Case

James Bopp, Jr., and Jeffrey Gallant, Bopp, Coleson & Bostrom, Terre Haute, IN, for the plaintiff-appellant.

David Aronofsky, Legal Counsel, The University of Montana, Missoula, MT; Catherine M. Swift, Chief Legal Counsel, The Montana University System, Helena, MT; and Lisa J. Danetz and Brenda Wright, Demos: A Network for Ideas & Action, Boston, MA, for the defendants-appellees.

Before: SUSAN P. GRABER, RICHARD A. PAEZ, and CARLOS T. BEA, Circuit Judges.

Opinion by Judge BEA.

BEA, Circuit Judge.

We are called upon to decide whether the University of Montana may impose a dollar limit on what a student may spend on his campaign for student office. The University's limit did not affect how the money could be spent; rather, it directly told a student how much he could spend to get elected. The Federal Election Campaign Act of 1971 could not tell James Buckley how much of his money he could spend...

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