The Real Truth About Obama, Inc. v. FEC

The Real Truth About Obama (RTAO) challenged a number of FEC regulations governing when independent groups must register as federal political committees and comply with the applicable federal restrictions and disclosures.  The challenged regulations included the so-called "subpart (b)" definition of "expressly advocating" (11 C.F.R. § 100.22(b)), and a rule defining "contribution" as funds received in response to a solicitation that "indicates" that the funds received "will be used to support or oppose" the election of a federal candidate (11 C.F.R. § 100.57).

The district court denied RTAO’s request for preliminary relief and the Fourth Circuit Court of Appeals affirmed.  Upon a petition for certiorari, however, the Supreme Court vacated the judgment of the Fourth Circuit, and remanded the case for further consideration in light of Citizens United and “the Solicitor General’s suggestion of mootness.” On remand in the district court, the only "live" claim relate to the "subpart (b)" definition of "expressly advocating" and the FEC's implementation of the "major purpose" test for federal "political committee" status.


Last Updated (Friday, 11 March 2011 01:05)

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