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The Real Truth About Abortion, Inc. v. Federal Election Commission

681 F.3d 544 (2012)

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The Real Truth About Abortion, Inc. v. Federal Election Commission

United States Court of Appeals for the Fourth Circuit
681 F.3d 544 (2012)

KS

Facts

The Real Truth About Abortion, Inc. (Real Truth) (plaintiff) was organized as an issue-advocacy organization under § 527 of the Internal Revenue Code in July 2008. Real Truth’s purpose was to provide truthful information about the public positions of Senator Barack Obama while not expressly advocating the election or defeat of any candidate or making contributions to any candidate. Shortly after its formation, Real Truth filed suit against the Federal Election Commission (FEC) (defendant), alleging that Real Truth’s speech was chilled (i.e., restricted) because of the FEC’s policy of applying a major-purpose test to determine whether an organization was a political action committee. Real Truth argued that the major-purpose test and FEC’s policy were unconstitutionally broad and vague. Real Truth and the FEC filed cross motions for summary judgment. The district court determined that the FEC regulation and policy were constitutional. Real Truth appealed.

Rule of Law

Issue

Holding and Reasoning (Niemeyer, J.)

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Election Law

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