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TEXANS FOR FREE ENTERPRISE v. TEXAS ETHICS COM'N

No. 13-50014.

732 F.3d 535 (2013)

TEXANS FOR FREE ENTERPRISE, Plaintiff-Appellee, v. TEXAS ETHICS COMMISSION; David A. Reisman, in His Official Capacity as Executive Director of the Texas Ethics Commission, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

October 16, 2013.

Attorney(s) appearing for the Case

Christopher Kyle Gober , Gober Hilgers, P.L.L.C., William Lewis Sessions , Sessions & Schaffer, P.C., Dallas, TX, for Plaintiff-Appellee.

Evan Scott Greene , Office of the Attorney General Office of the Solicitor General, James Carlton Todd , Assistant Attorney General, Office of the Attorney General, Austin, TX, for Defendants-Appellants.

Before SMITH, DENNIS, and HIGGINSON, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Texans for Free Enterprise ("TFE") is a political committee formed and incorporated to advocate for candidates in Texas elections. According to its bylaws and a letter it sent to the Texas Ethics Commission, TFE acts exclusively as a "direct campaign expenditure only committee," meaning that it does not make any contributions to candidates or their official committees. Rather, it spends funds only to support its own speech in favor of...

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