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US Supreme Court Docket

Supreme Court Docket

[Download January 12, 2008 Argument Calendar PDF]

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Citizens United v. FEC
No. 08-205


    Citizens United v. FEC


    Constitutional Law, First Amendment, Elections Law, Bipartisan Campaign Reform Act of 2002


    1. Whether all as-applied challenges to the disclosure requirements (reporting and
    disclaimers) imposed on "electioneering communications" by the Bipartisan
    Campaign Reform Act of 2002 ("BCRA") were resolved by McConnell’s statement
    that it was upholding the disclosure requirements against facial challenge “for the
    entire range of electioneering communications' set forth in the statute." Mem. Op. I,
    App. 15a (quoting McConnell v. FEC, 540 U.S. 93, 196 (200)).

    2. Whether BCRA's disclosure requirements impose an unconstitutional burden
    when applied to electioneering communications protected from prohibition by the
    appeal-to-vote test, FEC v. Wisconsin Right to Life, 127 S. Ct. 2652, 2667 (2007)
    ("WRTL II”), because such communications are protected "political speech," not
    regulable “campaign speech,” id. at 2659, in that they are not "unambiguously
    related to the campaign of a particular federal candidate," Buckley v. Valeo, 424
    U.S. 1, 80 (1976), or because the disclosure requirements fail strict scrutiny when
    so applied.

    3. Whether WRTL II’s appeal-to-vote test requires a clear plea for action to vote
    for or against a candidate, so that a communication lacking such a clear plea for
    action is not subject to the electioneering communication prohibition. 2 U.S.C. §

    4. Whether a broadcast feature-length documentary movie that is sold on DVD,
    shown in theaters, and accompanied by a compendium book is to be treated as the
    broadcast "ads" at issue in McConnell, 540 U.S. at 126, or whether the movie is not
    subject to regulation as an electioneering communication.




    Coming Soon
Counsel of Record

For Petitioner:

Theodore B. Olson
Gibson Dunn and Crutcher LLP
Washington, DC

For Respondent:

Elana Kagan
Solicitor General
United States Department of Justice
Washington, DC


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