Independence Institute v. FEC: U.S. District Court for the District of Columbia Amici Brief of CLC et al. in Support of the FEC and in Opposition to Independence Institute's Motion for Preliminary Injunction
Plaintiff Independence Institute challenges the constitutionality of the federal “electioneering communication” (“EC”) disclosure provisions, 52 U.S.C. § 30104(f) (formerly codified at 2 U.S.C. § 434(f)), as applied to an ad it proposes to run on broadcast television shortly before the 2014 general election that refers to U.S. Senators Mark Udall and Michael Bennet. Senator Udall is a candidate for re-election in 2014. As such, the ad constitutes an EC and the provisions at issue here require plaintiff to make certain disclosures about its spending for the ad.