United States Fourth Circuit

In challenge to West Virginia's campaign-finance reporting and disclaimer requirements, summary judgment is: 1) affirmed as to the decisions to strike "newspaper, magazine or other periodical" from West Virginia’s "electioneering communication" definition, uphold the "electioneering communication" definition's exemption for grassroots lobbying, decline to consider the merits of the challenge to the bona fide news accounts exemption because the organization lacks standing, and prohibit prosecutions for violations that occurred while the earlier injunctions were in effect; and 2) reversed in part and remanded with regard to the district court's conclusions that subsection (C) of the "expressly advocating" definition is unconstitutional, its choice to uphold the "electioneering communication" definition's section 501(c)(3) exemption, and its application of an "earmarked funds" limiting construction to the reporting requirement for electioneering communications.

Appellate Information

• Decided 01/18/2013
• Published 01/18/2013

Judges

• FLOYD

Court

• United States Fourth Circuit

Counsel