SPEECHNOW.ORG, et al., Appellants
v.
FEDERAL ELECTION COMMISSION, Appellee.
David Keating, et al., Appellants
v.
Federal Election Commission, Appellee.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued January 27, 2010.
Decided March 26, 2010.
Attorney(s) appearing for the Case
Steven M. Simpson argued the cause for appellants. With him on the brief were William H. Mellor, Robert W. Gall, Robert P. Frommer, Paul M. Sherman, and Stephen M. Hoersting.
Heidi K. Abegg and Alan P. Dye were on the briefs for amici curiae Alliance for Justice, et al. in support of appellants.
David B. Kolker, Associate General Counsel, Federal Election Commission, argued the cause for appellee. With him on the briefs was Vivien Clair, Attorney.
Joseph G. Hebert, Donald J. Simon, Scott L. Nelson, Fred Wertheimer were on the briefs for amici curiae Campaign Legal Center and Democracy 21.
Howard R. Rubin was on the briefs for amici curiae The Brennan Center for Justice and Professor Richard Briffault in support of appellee.
Opinion for the Court filed by Chief Judge SENTELLE.
United States Court of Appeals, District of Columbia Circuit.
SENTELLE, Chief Judge:
David Keating is president of an unincorporated nonprofit association, SpeechNow.org (SpeechNow), that intends to engage in express advocacy1 supporting candidates for federal office who share his views on First Amendment rights of free speech and freedom to assemble. In January 2008, the Federal Election Committee (FEC) issued a draft advisory opinion concluding that under...
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