Worley v. Roberts
2010 U.S. Dist. LEXIS 119977
N.D. Fla.2010Background
- Four Florida residents oppose Amendment 4 and seek to run radio ads against it.
- They plan to contribute $600 total ($150 each) to purchase air time at $20 per 30-second slot for 30 airings.
- They want to accept anonymous or cash contributions and not identify themselves in ads.
- If they pool funds and accept contributions, they may be deemed a political committee under Fla. Stat. §106.011(1)(a) and face registration, reporting, and debt-management requirements.
- Florida law prohibits anonymous contributions, anonymous advertisements, and spending of contributions received within five days of an election, creating potential bar to their planned advertising.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether contributor-disclosure requirements may be preliminarily enjoined. | Worley argues disclosure burdens anonymity and chilling effect. | Roberts argues disclosure is constitutional and necessary. | Disclosures must not be preliminarily enjoined. |
| Whether plaintiffs may be regulated as a political committee. | Worley contends joint fundraising should be protected from regulation. | Regulation as a political committee is permissible for joint actions exceeding the threshold. | Plaintiffs not likely to prevail on right to act jointly without regulation. |
| Whether the advertisement-identity requirement infringes anonymity rights. | Worley seeks anonymous ads to emphasize content over sources. | Identity disclosure is permissible under precedent; sources must be identifiable. | Identity disclosure requirement not preliminarily enjoined. |
| Whether spending restrictions on funds raised in last five days are valid. | Limitation suppresses timely, impactful political speech. | Limitation prevents circumvention of disclosure and maintains timely public record. | Court grants injunction only on five-day spending limitation. |
Key Cases Cited
- Citizens United v. FEC, 130 S. Ct. 876 (2010) (disclosure requirements validated; PAC speech burdens acknowledged)
- McConnell v. FEC, 540 U.S. 93 (2003) (milestones on disclosure and limits on contributions)
- Buckley v. Valeo, 424 U.S. 1 (1976) (limits on contributions; disclosure as valid)
- First Nat'l Bank of Boston v. Bellotti, 435 U.S. 765 (1978) (identification of source to evaluate arguments; disclosure allowed)
- Citizens Against Rent Control/Coal. for Fair Hous. v. City of Berkeley, 454 U.S. 290 (1981) (identification of sources for ballot issues; disclosure upheld)
- Let's Help Florida v. McCrary, 621 F.2d 195 (1980) (Florida disclosure requirement deemed constitutional (5th Cir.))
- KH Outdoor, LLC v. City of Trussville, 458 F.3d 1261 (11th Cir. 2006) (irreparable harm consideration; injunction standards)
- Scott v. Roberts, 612 F.3d 1279 (11th Cir. 2010) (emergency relief considerations near elections)