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FEC Record: Litigation

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Supreme Court Allows Disclosure Ruling to Stand in RTAA v. FEC

The United States Supreme Court has let stand an appeals court ruling that upheld Federal Election Commission legal definitions and policies regarding the disclosure of certain information by the nonprofit The Real Truth About Abortion (RTAA) – formerly known as The Real Truth About Obama, Inc.

RTAA had argued that the Commission’s definition of “express advocacy” and approach to determining whether a group is a “political committee” under the Federal Election Campaign Act (Act) were vague, overbroad, and violated the First and Fifth Amendments to the Constitution. A three-judge panel of the United States Court of Appeals for the Fourth Circuit rejected that challenge, finding the Commission’s definition of express advocacy consistent with relevant Supreme Court decisions, and the Commission’s political committee determinations to be “a sensible approach” that “does not unlawfully deter protected speech.”

On January 7, 2012, the Supreme Court denied RTAA’s petition for writ of certiorari, letting stand the appeals court's decision.

(Posted 01/10/2012; By: Alex Knott)

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The FEC Record is produced by the Information Division, Office of Communications. Toll free 800-424-9530; Local 202-694-1100; E-mail info@fec.gov. Greg Scott, Director; Alex Knott, Senior Writer/Editor; Dorothy Yeager, Production Manager