United States Fourth Circuit

11 CFR 100.22(b), a regulation defining "express advocacy" for purposes of the Federal Election Campaign Act, is unconstitutional because it is not limited to communications that contain express words of advocacy as required by Buckley v. Valeo, 424 U.S. 1 (1976).

Appellate Information

• Argued 02/26/2001
• Decided 09/17/2001
• Published 09/17/2001

Judges

• Before WILLIAMS and MICHAEL, Circuit Judges, and CYNTHIA H. HALL, Senior Circuit Judge of the United States Court of Appeals for the Ninth Circuit, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  David Brett Kolker, Federal Election Commission, Washington, DC, for Appellant.  James Bopp, Jr., Bopp, Coleson & Bostrom, Terre Haute, IN, for Appellee.   ON BRIEF:  Lawrence M. Noble, General Counsel, Richard B. Bader, Associate General Counsel, Federal Election Commission, Washington, DC, for Appellant.  James R. Mason, III, Bopp, Coleson & Bostrom, Terre Haute, IN;  Virginia Society for Human Life, Richmond, VA, for Appellee.