REAL TRUTH ABOUT OBAMA v. FEDERAL ELECTION COM'N

No. 08-1977.

575 F.3d 342 (2009)

The REAL TRUTH ABOUT OBAMA, INC., Plaintiff-Appellant, v. FEDERAL ELECTION COMMISSION; United States Department of Justice, Defendants-Appellees. Campaign Legal Center; Democracy 21, Amici Supporting Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: August 5, 2009.


Attorney(s) appearing for the Case

ARGUED: James Bopp, Jr., Bopp, Coleson & Bostrom, Terre Haute, Indiana, for Appellant. Harry Jacobs Summers, Federal Election Commission, Washington, D.C., for Appellees. ON BRIEF: Michael Boos, Law Office of Michael Boos, Fairfax, Virginia; Richard E. Coleson, Clayton J. Callen, Bopp, Coleson & Bostrom, Terre Haute, Indiana, for Appellant. Thomasenia P. Duncan, General Counsel, David Kolker, Associate General Counsel, Adav Noti, Federal Election Commission, Washington, D.C.; Gregory G. Katsas, Assistant Attorney General, United States Department of Justice, Washington, D.C.; Dana J. Boente, Acting United States Attorney, Office of the United States Attorney, Alexandria, Virginia; Michael S. Raab, Eric Fleisig-Greene, United States Department of Justice, Civil Division, Washington, D.C., for Appellees. Donald J. Simon, Sonosky, Chambers, Sachse, Endreson & Perry, LLP, Washington, D.C., Fred Wertheimer, Democracy 21, Washington, D.C., for Democracy 21, Amicus Supporting Appellees; J. Gerald Hebert, Paul S. Ryan, Tara Malloy, The Campaign Legal Center, Washington, D.C., for Campaign Legal Center, Amicus Supporting Appellees.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Senior Judge BEAM and Judge ANDERSON joined.


OPINION

NIEMEYER, Circuit Judge:

The Real Truth About Obama, Inc. ("Real Truth") commenced this action against the Federal Election Commission and the Department of Justice, challenging the constitutionality of three Federal Election Commission regulations — 11 C.F.R. §§ 100.22(b), 100.57(a), and 114.15 — and a Federal Election Commission enforcement policy under the First and Fifth Amendments. Real Truth alleged that these regulations...

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