Real Truth About Obama, Inc. v. Federal Election Commission

607 F.3d 355, 2010 U.S. App. LEXIS 11627, 2010 WL 2280619

Opinion

ORDER

PER CURIAM:

In Citizens United v. Federal Election Commission, — U.S.-, 130 S.Ct. 876, — L.Ed.2d - (2010), the Supreme Court held that the government may not, under the First Amendment, suppress speech on the basis of the speaker’s corporate identity and that a statutory prohibition of corporate spending for electioneering communications violated the First Amendment. Based on that holding, the Court granted the petition filed in this case for a writ of certiorari, vacated our judgment, reported in The Real Truth About Obama, Inc. v. Federal Election Commission, 575 F.3d 342 (4th Cir.2009), and remanded this case for “further consideration in light of Citizens United ... and the Solicitor General’s suggestion of mootness.” The Real Truth About Obama, Inc. v. Federal Election Commission, — U.S. —, 130 S.Ct. 2371, 176 L.Ed.2d 764 (2010). On further consideration, we now reissue Parts I and II of our earlier opinion in this case, 575 F.3d at 345-347, stating the facts and articulating the standard for the issuance of preliminary injunctions. On the remaining issues, we remand the case to the district court for consideration of the intervening Supreme Court decision in Citizens United and the Solicitor General’s new suggestion of mootness.

It is so ordered.