United States Fourth Circuit

In an action challenging provisions of North Carolina's campaign finance laws, the lower court's decision is affirmed in part and reversed in part where: 1) North Carolina's statutory attempt to use context to identify communications in support of or opposition to a candidate was facially unconstitutional; 2) North Carolina's use of "a major purpose" test to identify political committees was facially unconstitutional; and 3) North Carolina-s $4,000 contribution limit unconstitutional as applied to plaintiff and other similarly situated entities.

Appellate Information

• Decided 05/01/2008
• Published 05/01/2008

Judges

• Before WILLIAMS, Chief Judge, and WILKINSON and MICHAEL, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  James Bopp, Jr., Bopp, Coleson & Bostrom, Terre Haute, Indiana, for Appellant/Cross-Appellees.  Susan Kelly Nichols, Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellees/Cross-Appellants.   ON BRIEF:  Richard E. Coleson, Jeffrey P. Gallant, Bopp, Coleson & Bostrom, Terre Haute, Indiana, for Appellant/Cross-Appellees.  Roy Cooper, Attorney General, Alexander McC. Peters, Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellees/Cross-Appellants.