Center for Individual Freedom v. Tennant, et al.

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CFIF and WVFL are 26 U.S.C. 501(c)(4) organizations that engage in election-related speech. These organizations and an individual brought suit alleging that West Virginia's campaign finance statutes were constitutionally impermissible. At issue was whether West Virginia's campaign-finance reporting and disclaimer requirements could survive constitutional scrutiny, West Virginia Code section 3-8-1 et seq. The court affirmed the district court's decisions to (1) strike "newspaper, magazine or other periodical" from West Virginia's "electioneering communication" definition; (2) upheld the "electioneering communication" definition's exemption for grassroots lobbying; (3) declined to consider the merits of the CFIF's challenge to the bona fide news account exemption because the organization lacked standing; and (4) prohibited prosecutions for violations that occurred while the earlier injunctions were in effect. However, the court reversed the district court's decision with respect to (1) its conclusion that subsection (C) of the "expressly advocating" definition was unconstitutional; (2) its choice to uphold the "electioneering communication" definition's section 501(c)(3) exemption; and (3) its application of an "earmarked funds" limiting construction to the reporting requirement for electioneering communications. Because WVFL did not file a notice of appeal in this case, the court could not consider its challenge to the district court's finding that the statutory scheme's twenty-four- and forty-eight-hour reporting requirements were constitutional. Consequently, the court affirmed in part, reversed in part, and remanded for further proceedings. View "Center for Individual Freedom v. Tennant, et al." on Justia Law