CITIZENS FOR RESPONSIBILITY AND ETHICS v. FEC

No. 18-5261.

971 F.3d 340 (2020)

CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON and Nicholas Mezlak, Appellees v. FEDERAL ELECTION COMMISSION, Appellee Crossroads Grassroots Policy Strategies, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided August 21, 2020.


Attorney(s) appearing for the Case

Thomas W. Kirby argued the cause for appellant. With him on the briefs were Michael E. Toner and Andrew G. Woodson .

Bobby R. Burchfield was on the brief for amicus curiae Mitch McConnell, Majority Leader of the United States Senate, in support of appellant.

Allen Dickerson and Zac Morgan were on the brief for amicus curiae Institute for Free Speech in support of appellant.

Jeffrey M. Harris and Steven P. Lehotsky were on the brief for amicus curiae the Chamber of Commerce of the United States of America in support of appellant.

Herbert W. Titus , Jeremiah L. Morgan , William J. Olson , and Robert J. Olson were on the brief for amici curiae Free Speech Coalition, et al. in support of defendant-appellant.

Stuart McPhail argued the cause for appellee. With him on the brief were Adam J. Rappaport and Nikhel S. Sus .

Tara Malloy and Megan P. McAllen were on the brief for amicus curiae Campaign Legal Center in support of plaintiffs-appellees.

Jennifer R. Cowan and Gary W. Kubek were on the brief for amici curiae Senators Sheldon Whitehouse, Jon Tester, and Richard Blumenthal in support of appellees.

Before: Srinivasan, Chief Judge, Garland, Circuit Judge, and Williams, Senior Circuit Judge.


In recent election cycles, billions of dollars have been spent on political advertisements known as "independent expenditures," or IEs. IEs expressly urge the election or defeat of an identified candidate but without coordination with any candidate. Most IEs are made by organizations...

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