US Supreme Court Docket
[Download January 12, 2008 Argument Calendar PDF]

No. 08-205
Title:
Citizens United v. FEC
Subject:
Constitutional Law, First Amendment, Elections Law, Bipartisan Campaign Reform Act of 2002
Question:
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. §
441b.
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.
Decisions:
- U.S. Court of Appeals - D.C. Circuit, Opinion Filed: July 18, 2008
Resources:
- Docket Sheet From the U.S. Supreme Court.
-
Coming Soon
For Petitioner:
For Respondent:Theodore B. Olson
Gibson Dunn and Crutcher LLP
Washington, DC
Elana Kagan
Solicitor General
United States Department of Justice
Washington, DC
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