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Speechnow.org et al v. Federal Election Commission

Memorandum in opposition to re MOTION for Preliminary Injunction

76 Cited authorities

  1. Mazurek v. Armstrong

    520 U.S. 968 (1997)   Cited 3,350 times   2 Legal Analyses
    Holding that "a plaintiff's motion for preliminary injunctive relief has a "requirement for substantial proof is much higher" than a defendant's summary judgment motion

  2. Elrod v. Burns

    427 U.S. 347 (1976)   Cited 4,222 times   7 Legal Analyses
    Holding that local government could not constitutionally base public employment opportunities on political affiliation or nonaffiliation

  3. University of Texas v. Camenisch

    451 U.S. 390 (1981)   Cited 3,083 times   4 Legal Analyses
    Holding that "the question whether a preliminary injunction should have been issued . . . is moot . . . [where] the terms of the injunction . . . have been fully and irrevocably carried out."

  4. 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

  5. Adarand Constructors, Inc. v. Pena

    515 U.S. 200 (1995)   Cited 1,057 times   11 Legal Analyses
    Holding race-based affirmative action subject to strict judicial scrutiny, and noting that, “to the extent (if any) that Fullilove held federal racial classifications to be subject to a less rigorous standard, it is no longer controlling”

  6. Harper v. Virginia Dept. of Taxation

    509 U.S. 86 (1993)   Cited 955 times   11 Legal Analyses
    Holding that the Supreme Court’s "application of a rule of federal law to the parties before the Court requires every court to give retroactive effect to that decision"

  7. 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”

  8. 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

  9. James B. Beam Distilling Co. v. Georgia

    501 U.S. 529 (1991)   Cited 573 times   2 Legal Analyses
    Holding that "it is error to refuse to apply a rule of federal law retroactively after the case announcing the rule has already done so"

  10. Edgar v. MITE Corp.

    457 U.S. 624 (1982)   Cited 769 times   22 Legal Analyses
    Holding that "matters peculiar to the relationships among or between the corporation and its current officers, directors, and shareholders" are a corporation's internal affairs

  11. Section 1746 - Unsworn declarations under penalty of perjury

    28 U.S.C. § 1746   Cited 10,033 times   17 Legal Analyses
    Permitting the use of declarations instead

  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 516 - Conduct of litigation reserved to Department of Justice

    28 U.S.C. § 516   Cited 335 times   1 Legal Analyses
    Granting the Attorney General and the Department of Justice exclusive power to direct litigation involving the United States

  14. Section 437g - Transferred

    2 U.S.C. § 437g   Cited 275 times
    Explaining the exhaustion procedure before a private party can bring a federal action to enforce the Federal Election Campaign Act

  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 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”

  17. 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"

  18. Section 2501 - Imposition of tax

    26 U.S.C. § 2501   Cited 183 times   9 Legal Analyses
    Assessing tax on "transfer of property by gift"

  19. Section 437c - Transferred

    2 U.S.C. § 437c   Cited 100 times
    Granting FECA the authority to formulate general policy with respect to the administration of FECA

  20. Section 437d - Transferred

    2 U.S.C. § 437d   Cited 90 times
    Granting authority to initiate civil enforcement actions

  21. Section 100.5 - Political committee (52 U.S.C. 30101(4), (5), and (6))

    11 C.F.R. § 100.5   Cited 11 times   1 Legal Analyses

    Political committee means any group meeting one of the following conditions: (a) Except as provided in 11 CFR 100.5(b), (c) and (d), any committee, club, association, or other group of persons which receives contributions aggregating in excess of $1,000 or which makes expenditures aggregating in excess of $1,000 during a calendar year is a political committee. (b) Any separate segregated fund established under 52 U.S.C. 30118(b)(2)(C) is a political committee. (c) Any local committee of a political

  22. 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