IN RE CAO

Nos. 10-30080, 10-30146.

619 F.3d 410 (2010)

In re: Anh CAO, also know as Joseph Cao; Republican National Committee; Republican Party of Louisiana. Anh Cao, also known as Joseph Cao; Republican National Committee, Plaintiffs-Appellants, v. Federal Election Commission, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 10, 2010.


Attorney(s) appearing for the Case

James Bopp, Jr. (argued), Richard Eugene Coleson , Kaylan Lytle Phillips , Bopp, Coleson & Bostrom, Terre Haute, IN, Thomas P. Hubert , Joseph Francis Lavigne , Jones Walker, L.L.P., New Orleans, LA, for Plaintiffs-Appellants.

Seth Edward Nesin , Thomasenia P. Duncan , David Brett Kolker , Associate Gen. Counsel (argued), Claire Naila Rajan , Harry Jacobs Summers , Fed. Election Com'n, Washington, DC, for Defendant-Appellee.

J. Gerald Hebert , Washington, DC, for Amici Curiae, Federal Election Com'n and Democracy 21.

Before JONES, Chief Judge, and KING, JOLLY, DAVIS, SMITH, WIENER, GARZA, BENAVIDES, STEWART, DENNIS, CLEMENT, PRADO, OWEN, ELROD, SOUTHWICK and HAYNES, Circuit Judges.


W. EUGENE DAVIS and BENAVIDES, Circuit Judges:

The challenges raised in the present case require this court to decide whether certain provisions of the Federal Election Campaign Act ("FECA" or "the Act") of 1971, 2 U.S.C. § 431 et seq.,1 violate the Plaintiffs' right to free speech under the First Amendment. Applying Supreme Court precedent, we conclude that each of the challenged...

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