Defending the corporate prohibition meant that all corporations’ speech would be banned, including MCFL-corporations where the prohibition was not justified. And by defending a narrow and wooden definition of the characteristics that exempted MCFL- corporations from the ban, see 11 C.F.R. § 114.10(c), fewer non-profit corporations would benefit from the prohibition’s exemption. Reply Supporting Motion for Preliminary Injunction 21 7.

CCL asserts (Br. 22) that it “is in fact quite like an MCFL-type corporation” even though it also alleges (Complaint ¶ 22) that it does not qualify for the exemption as defined in 11 C.F.R. 114.10. CCL presents no evidence suggesting how it would be irreparably harmed if it were to take whatever steps are necessary to so qualify.

Citizens United is not a “qualified nonprofit corporation” because it receives corporate donations and engages in business activities. See 11 C.F.R. § 114.10 (exempting certain ideological, nonstock, nonprofit corporations from the electioneering communication prohibition), One of the principal means by which Citizens United fulfills its purposes is through the production and distribution of documentary films. Its first major documentary film, in 2004, was entitled Celsius 41.

49. SpeechNow.org is not an exempt organization under 11 C.F.R. § 114.10. 12 Case 1:08-cv-00248-JR Document 28-2 Filed 06/20/2008 Page 12 of 28 50.

Citizens United is not a “qualified nonprofit corporation” because it receives corporate donations and engages in business activities. See 11 C.F.R. § 114.10 (exempting certain ideological, Case 1:07-cv-02240-RCL-RWR Document 52 Filed 05/16/2008 Page 53 of 64 SJ Facts 2 nonstock, nonprofit corporations from the electioneering communication prohibition). AVC ¶ 8.

Complaint ii 20. CCL does not qualify for any exception permitting it to pay for electioneering communica- tions from corporate funds because (a) it is not a "qualified nonprofit corporation" (QNC) within the definition of 11 C.F.R. § 114.10 so as to qualify for the exception found at 11 C.F.R. § 1 14.2(b )(2) to the electioneering communication prohibition and (b) its advertisement is "targeted" so that it does not fit the exception for § 501 (c)(4) organizations as described in 2 U.S.C. § 441 b(c)(2).