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Citizens United v. Federal Election Commission

MOTION for Summary Judgment

32 Cited authorities

  1. Wash. State Grange v. Wa. State Repub. Party

    552 U.S. 442 (2008)   Cited 1,252 times   3 Legal Analyses
    Holding that courts should neither "anticipate a question of constitutional law in advance of the necessity of deciding it" nor "formulate a rule of constitutional law broader than is required by the precise facts to which it is to be applied"

  2. New York Times Co. v. Sullivan

    376 U.S. 254 (1964)   Cited 6,910 times   36 Legal Analyses
    Holding that a public official or public figure can recover damages for defamation on a matter of public concern only if he proves that the speaker acted with actual malice

  3. Buckley v. Valeo

    424 U.S. 1 (1976)   Cited 3,413 times   37 Legal Analyses
    Holding that a public financing law does not "abridge, restrict, or censor" expression

  4. Ashcroft v. Free Speech Coalition

    535 U.S. 234 (2002)   Cited 945 times   9 Legal Analyses
    Holding invalid the challenged provision of the CPPA because it “cover[ed] materials beyond the categories recognized in Ferber and Miller”

  5. Marks v. United States

    430 U.S. 188 (1977)   Cited 2,098 times   31 Legal Analyses
    Holding that due process is violated if the trial court instructs the jury based on the current interpretation of a statute, rather than the interpretation that controlled at the time of the allegedly criminal acts

  6. Mcconnell v. F.E.C.

    540 U.S. 93 (2003)   Cited 603 times   7 Legal Analyses
    Holding BCRA survived exacting scrutiny, given the “important state interests” in “providing the electorate with information, deterring actual corruption and avoiding any appearance thereof, and gathering the data necessary to enforce more substantive electioneering restrictions”

  7. McIntyre v. Ohio Elections Comm'n

    514 U.S. 334 (1995)   Cited 790 times   4 Legal Analyses
    Holding that anonymous speech is constitutionally protected

  8. Crawford v. Marion County Election Board

    553 U.S. 181 (2008)   Cited 460 times   3 Legal Analyses
    Holding that a photo identification requirement imposed "a limited burden"

  9. First National Bank of Boston v. Bellotti

    435 U.S. 765 (1978)   Cited 1,076 times   3 Legal Analyses
    Holding that campaign finance law prohibiting certain corporate donations violated the First Amendment

  10. Thornhill v. Alabama

    310 U.S. 88 (1940)   Cited 1,689 times   1 Legal Analyses
    Holding that a law is overbroad if it does not aim specifically at evils within the allowable area of control, but sweeps within its ambit other activities that constitute an exercise of First Amendment rights

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,775 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Rule 60 - Relief from a Judgment or Order

    Fed. R. Civ. P. 60   Cited 53,581 times   146 Legal Analyses
    Granting relief from the operation of a judgment

  13. Section 501 - Exemption from tax on corporations, certain trusts, etc

    26 U.S.C. § 501   Cited 3,223 times   291 Legal Analyses
    Granting tax-exempt status to qualified pension plans

  14. Section 431 - Transferred

    2 U.S.C. § 431   Cited 470 times   2 Legal Analyses
    Exempting news stories, commentaries, and editorials from FECA's definition of "expenditure"

  15. Section 441b - Transferred

    2 U.S.C. § 441b   Cited 221 times   3 Legal Analyses
    Stating that "[i]t is unlawful for . . . any labor organization to make a contribution or expenditure in connection with any election at which presidential and vice presidential electors or a Senator or Representative in, or a Delegate or Resident Commissioner to, Congress are to be voted for, . . . or any labor organization to consent to any contribution or expenditure by the . . . labor organization . . . prohibited by this section."

  16. Section 434 - Transferred

    2 U.S.C. § 434   Cited 193 times
    Requiring disclosure of "contributions ... expressly advocating the election or defeat of a clearly identified candidate"

  17. Section 441d - Transferred

    2 U.S.C. § 441d   Cited 50 times
    Setting out federal disclosure requirements for political advertisements

  18. Section 114.10 - Corporations and labor organizations making independent expenditures and electioneering communications

    11 C.F.R. § 114.10   Cited 16 times

    (a)General. Corporations and labor organizations may make independent expenditures, as defined in 11 CFR 100.16 , and electioneering communications, as defined in 11 CFR 100.29 . Corporations and labor organizations are prohibited from making coordinated expenditures as defined in 11 CFR 109.20 , coordinated communications as defined in 11 CFR 109.21 , or contributions as defined in 11 CFR part 100, subpart B. NOTE TO PARAGRAPH (a): Pursuant to SpeechNow.org v. FEC, 599 F.3d 686 (D.C. Cir. 2010)

  19. Section 104.20 - Reporting electioneering communications (52 U.S.C. 30104 (f))

    11 C.F.R. § 104.20   Cited 15 times   2 Legal Analyses
    Requiring disclosure of qualifying donors only if the donation "was made for the purpose of furthering electioneering communications"

  20. Section 110.11 - Communications; advertising; disclaimers (52 U.S.C. 30120)

    11 C.F.R. § 110.11   Cited 11 times   4 Legal Analyses

    (a)Scope. The following communications must include disclaimers, as specified in this section: (1) All public communications, as defined in 11 CFR 100.26 , made by a political committee; electronic mail of more than 500 substantially similar communications when sent by a political committee; and all websites and internet applications of political committees available to the general public. (2) All public communications, as defined in 11 CFR 100.26 , by any person that expressly advocate the election