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Real Truth About Obama v. Federal Election Com'n

Citations: 796 F. Supp. 2d 736; 2011 U.S. Dist. LEXIS 126903; 2011 WL 2457730Docket: 1:08-cv-00483

Court: District Court, E.D. Virginia; June 16, 2011; Federal District Court

Narrative Opinion Summary

The case involves The Real Truth About Obama, Inc. (RTAO) challenging the constitutionality of the Federal Election Commission (FEC) and Department of Justice (DOJ) regulations concerning political committee status under the Federal Election Campaign Act (FECA). RTAO, a non-profit classified as a political organization, feared being designated as a 'political committee' by the FEC due to its planned advertisements critiquing then-Senator Obama's abortion stance. RTAO sought preliminary injunctions and summary judgment, arguing that the FEC's regulations were overly broad and vague, particularly concerning express advocacy and independent expenditures. However, the court granted summary judgment to the FEC and DOJ, finding that the regulations were not unconstitutionally vague and were consistent with the Supreme Court's precedents. The court also applied the 'capable of repetition, yet evading review' doctrine, allowing the case to proceed despite the conclusion of the 2008 election cycle. The court emphasized that the FEC's case-by-case assessment of political committee status was constitutional, focusing on an organization's purpose and activities. The decision was aligned with the Supreme Court's ruling in Citizens United, which upheld the importance of disclosure requirements in campaign finance. Consequently, the court dismissed RTAO's challenges and upheld the FEC's regulatory framework.

Legal Issues Addressed

Application of the 'Capable of Repetition, Yet Evading Review' Doctrine

Application: The court applied this doctrine to RTAO's claims, allowing them to be heard despite the end of the 2008 election cycle, due to a reasonable expectation of recurrence in future elections.

Reasoning: The case is governed by the precedent set in Leake, which allows RTAO's challenges to fall within the mootness doctrine exception.

Constitutionality of FEC Regulations under the Federal Election Campaign Act (FECA)

Application: The court upheld the FEC regulations, finding them consistent with the Supreme Court's precedent and not unconstitutionally vague or overbroad.

Reasoning: The Court awarded summary judgment in favor of the FEC and Department of Justice (DOJ) due to no material fact disputes, allowing for a legal decision.

Express Advocacy and First Amendment Protections

Application: The court found that the FEC's definition of express advocacy under 100.22(b) aligns with precedent and does not unconstitutionally burden free speech.

Reasoning: Limiting its application to communications that can only be interpreted as express advocacy, Wisconsin Statute 100.22(b) is likely constitutional according to precedent set in *Wisconsin Right to Life*.

Political Committee Status and FEC Evaluation Criteria

Application: The court ruled that the FEC's case-by-case assessment of political committee status is constitutional and necessary to determine an organization’s major purpose.

Reasoning: The Fourth Circuit has upheld the constitutionality of the Federal Election Commission's (FEC) political committee status policy, which is based on a fact-intensive approach to assess an organization's major purpose regarding contributions.

Standard of Review for Disclosure Requirements

Application: The court applied exacting scrutiny to FEC regulations, emphasizing the relationship between government interest in disclosure and the required information.

Reasoning: The standard of review for RTAO's legal challenges is exacting scrutiny, which examines the correlation between the government’s interest in disclosure rules (specifically 100.22(b)) and the required disclosures.