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Speechnow.org et al v. Federal Election Commission

Memorandum in opposition to re MOTION for Order to Certify Under 2 U.S.C. 437h

18 Cited authorities

  1. 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

  2. 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”

  3. Bailey v. Patterson

    369 U.S. 31 (1962)   Cited 596 times   1 Legal Analyses
    Holding that federal question jurisdiction does not exist when the claim is "wholly insubstantial, legally speaking nonexistent"

  4. California Medical Ass'n v. Federal Election Commission

    453 U.S. 182 (1981)   Cited 170 times
    Holding that limits on contributions to political committees which "advocate the views and candidacies of a number of candidates" induce no greater First Amendment scrutiny than limits on contributions to an individual candidate

  5. Bread Political Action Committee v. Federal Election Commission

    455 U.S. 577 (1982)   Cited 142 times
    Holding sworn affidavits of senators who prepared original draft expressing their view on coverage of statute cannot be given probative weight because it represents only personal views of legislator

  6. North Carolina v. Leake

    525 F.3d 274 (4th Cir. 2008)   Cited 72 times   1 Legal Analyses
    Holding unconstitutional a state law limiting contributions to $4,000 as applied to independent expenditure committees

  7. Whitmore v. Federal Election Com'n

    68 F.3d 1212 (9th Cir. 1995)   Cited 26 times
    Holding that whether a congressional candidate has standing to challenge FECA "depends on what claim is made"

  8. Alexander v. Tomlinson

    507 F. Supp. 2d 2 (D.D.C. 2007)   Cited 13 times
    Finding sufficient evidence of causation because the principal actors had direct knowledge of the employee's protected activity and the adverse action took place shortly thereafter

  9. Goland v. U.S.

    903 F.2d 1247 (9th Cir. 1990)   Cited 32 times
    Adopting a definition of "frivolous"

  10. Federal Election Commission v. Malenick

    310 F. Supp. 2d 230 (D.D.C. 2004)   Cited 7 times

    Civil Action No. 02-1237 (JR) March 30, 2004 MEMORANDUM ORDER JAMES ROBERTSON, District Judge This is an enforcement action by the Federal Election Commission ("FEC" or "Commission") against Carolyn Malenick d/b/a Triad Management Services ["Triad"], Triad Management Services, Inc. ["Triad Inc."], and Carolyn Malenick, as corporate officer of Triad Inc. In its complaint, the FEC alleges that the defendants violated various provisions of the Federal Election Campaign Act of 1971 ("FECA" or "Act")

  11. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 97,434 times   134 Legal Analyses
    Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."

  12. 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"

  13. Section 441a - Transferred

    2 U.S.C. § 441a   Cited 217 times   6 Legal Analyses
    Permitting national or state political committees to make unlimited “transfers” to other committees “of the same political party”

  14. 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"

  15. Section 437h - Transferred

    2 U.S.C. § 437h   Cited 81 times

    2 U.S.C. § 437h EDITORIAL NOTES CODIFICATIONSection 437h was editorially reclassified as section 30110 of Title 52, Voting and Elections.