CENTER FOR INDIVIDUAL FREEDOM, INCORPORATED; West Virginians for Life, Incorporated; Zane Lawhorn, Plaintiffs-Appellees,
v.
Natalie H. TENNANT, Secretary of the State of West Virginia and as a member of the West Virginia State Election Commission; Gary Collias; William N. Renzelli; Robert Rupp; Cindy Smith, in their official capacities as members of the West Virginia State Election Commission; Scott Ash, Prosecuting Attorney for Mercer County, as a representative of the class of Prosecuting Attorneys in the State of West Virginia, Defendants-Appellants, and
West Virginia Education Association; West Virginia American Federation of Labor and Congress of Industrial Organizations; Bob Bastress; Margaret L. Workman; Menis Elbert Ketchum, Intervenors/Defendants.
Brennan Center for Justice at NYU School of Law; Ohio Valley Environmental Coalition; West Virginia Citizens for Clean Elections; League of Women Voters of West Virginia; West Virginia Citizen Action Group, Amici Supporting Appellants.
Center for Individual Freedom, Incorporated, Plaintiff-Appellant, and
West Virginians for Life, Incorporated; Zane Lawhorn, Plaintiffs,
v.
Natalie H. Tennant, Secretary of the State of West Virginia and as a member of the West Virginia State Election Commission; Gary Collias; William N. Renzelli; Robert Rupp; Cindy Smith, in their official capacities as members of the West Virginia State Election Commission; Scott Ash, Prosecuting Attorney for Mercer County, as a representative of the class of Prosecuting Attorneys in the State of West Virginia, Defendants-Appellees, and
West Virginia Education Association; West Virginia American Federation of Labor and Congress of Industrial Organizations; Bob Bastress; Margaret L. Workman; Menis Elbert Ketchum, Intervenors/Defendants.
Brennan Center for Justice at NYU School of Law; Ohio Valley Environmental Coalition; West Virginia Citizens for Clean Elections; League of Women Voters of West Virginia; West Virginia Citizen Action Group, Amici Supporting Appellees.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: October 23, 2012.
Decided: January 18, 2013.
Attorney(s) appearing for the Case
ARGUED: Anthony J. Majestro , Powell & Majestro, PLLC, Charleston, West Virginia, for Natalie H. Tennant, Gary Collias, William N. Renzelli, Robert Rupp, Cindy Smith, and Scott Ash. James Bopp, Jr., The Bopp Law Firm, Terre Haute, Indiana; Thomas W. Kirby, Wiley Rein, LLP, Washington, D.C., for Center for Individual Freedom, Incorporated, West Virginians for Life, Incorporated, and Zane Lawhorn. ON BRIEF: Silas B. Taylor , Senior Deputy Attorney General, Office of the Attorney General of West Virginia, Charleston, West Virginia, for Natalie H. Tennant, Gary Collias, William N. Renzelli, Robert Rupp, and Cindy Smith; Nicholas S. Preservati, Charleston, West Virginia, for Scott Ash. Andrew G. Woodson, Wiley Rein, LLP, Washington, D.C., for Center for Individual Freedom, Incorporated. Randy Elf , James Madison Center for Free Speech, Terre Haute, Indiana, for West Virginians for Life, Incorporated, and Zane Lawhorn. David S. Turetsky , Mark Walsh , J. Porter Wiseman , Dewey & Leboeuf LLP, Washington, D.C.; Mark Ladov , Mimi Marziani , Adam Skaggs , David Earley , The Brennan Center for Justice at NYU, New York, New York, for Amici Curiae.
Affirmed in part, reversed in part, and remanded by published opinion. Judge FLOYD wrote the opinion, in which Judge MOTZ and Judge DUNCAN joined.
United States Court of Appeals, Fourth Circuit.
OPINION
FLOYD, Circuit Judge:
The First Amendment provides that "Congress shall make no law ... abridging the freedom of speech." U.S. Const. amend. I. In its now-famous Citizens United v. FEC decision, the Supreme Court recognized that the First Amendment "has its fullest and most urgent application to speech uttered during a campaign for political office." 558 U.S. 310, 130 S.Ct. 876, 898, 175 L.Ed.2d 753 (2010...
Let's get started
Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders.
Updated daily.
Uncompromising quality.
Complete, Accurate, Current.
Listed below are the cases that are cited in this Featured Case. Click the citation to see the full
text of the cited case. Citations are also linked in the body of the Featured Case.
Cited Cases
No Cases Found
Listed below are those cases in which this Featured Case is cited. Click on the case name to see the
full text of the citing case.
