No. 11-1760.

681 F.3d 544 (2012)

THE REAL TRUTH ABOUT ABORTION, INC., f/k/a The Real Truth About Obama, Inc., Plaintiff-Appellant, v. FEDERAL ELECTION COMMISSION; United States Department of Justice, Defendants-Appellees. Democracy 21; The Campaign Legal Center, Amici Supporting Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: June 12, 2012.

Attorney(s) appearing for the Case

ARGUED: James Bopp, Jr. , The Bopp Law Firm, Terre Haute, Indiana, for Appellant. Adav Noti , Federal Election Commission, Washington, D.C., for Appellees. ON BRIEF: Michael Boos , Law Office of Michael Boos, Fairfax, Virginia; Richard E. Coleson , Kaylan L. Phillips , Bopp, Coleson & Bostrom, Terre Haute, Indiana, for Appellant. Anthony Herman , General Counsel, David Kolker , Associate General Counsel, Harry J. Summers , Assistant General Counsel, Federal Election Commission, Washington, D.C.; Neil H. MacBride , United States Attorney, Alexandria, Virginia; Tony West , Assistant Attorney General, Michael S. Raab , Daniel Tenny , United States Department of Justice, Washington, D.C., for Appellees. Fred Wertheimer , Democracy 21, Washington, D.C.; Donald J. Simon , Sonosky, Chambers, Sachse, Enderson & Perry, LLP, Washington, D.C.; J. Gerald Hebert , Tara Malloy , Paul S. Ryan , The Campaign Legal Center, Washington, D.C., for Amici Supporting Appellees.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge GREGORY and Judge FLOYD joined.


NIEMEYER, Circuit Judge:

The Real Truth About Abortion, Inc. (formerly known as The Real Truth About Obama, Inc.), a Virginia non-profit corporation organized under § 527 of the Internal Revenue Code to provide "accurate and truthful information about the public policy positions of Senator Barack Obama," commenced this action against the Federal Election Commission and the Department of Justice, contending that it was "chilled" from posting...

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