Real Truth About Abortion, Inc. v. Federal Election Commission
2012 U.S. App. LEXIS 11890
| 4th Cir. | 2012Background
- Real Truth About Abortion, Inc. challenged FECA regulations 100.22(b), 100.57(a), and 114.15 along with the FEC's major-purpose policy as overbroad and vague.
- District court upheld the regulation and policy; Real Truth appealed the denial of preliminary relief.
- Citizens United v. FEC (2010) and Emily’s List v. FEC influenced the case on remand, affecting PAC definitions and enforcement.
- On remand, the district court held 100.22(b) and the major-purpose policy constitutional; Real Truth appealed.
- The Fourth Circuit evaluated whether disclosure-based provisions receive exacting scrutiny and whether the major‑purpose test is constitutionally permissible.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constitutionality under scrutiny standard | Real Truth argues strict scrutiny applies due to speech burden. | FEC contends only exacting scrutiny applies to disclosure. | Exacting scrutiny applies to §100.22(b) and policy. |
| Validity of 11 C.F.R. § 100.22(b) as vague/overbroad | Regulation is facially overbroad and vague under Buckley/WRTL/Citizens United. | Regulation is consistent with functional-equivalent approach and not vague. | §100.22(b) constitutional; functional-equivalent approach upheld. |
| Constitutionality of the major-purpose policy | Case-by-case, multi-factor major-purpose test chills protected speech. | Policy is consistent with Buckley and Supreme Court precedent; necessary for context. | Policy constitutional; multi-factor, contextual approach permitted. |
Key Cases Cited
- Buckley v. Valeo, 424 U.S. 1 (1976) (disclosure as least restrictive means; no ceiling on speech)
- Wisconsin Right to Life, Inc. v. FEC, 551 U.S. 449 (2007) (functional-equivalent test for express advocacy; timing considerations)
- Citizens United v. FEC, 130 S. Ct. 876 (2010) (upheld disclosure; rejected broad ban on corporate electioneering; defined express advocacy concepts)
- SpeechNow.org v. FEC, 599 F.3d 686 (D.C. Cir. 2010) (applied exacting scrutiny to PAC disclosure obligations)