Independence Institute v. FEC: District Court's Opinion Dismissing the Case

Oct 6, 2014

Plaintiff Independence Institute, a Colorado non-profit organization, brought this action against Defendant Federal Election Commission (“FEC”), seeking declaratory and injunctive relief declaring that the disclosure provisions of the Bipartisan Campaign Reform Act of 2002 (“BCRA”) are unconstitutional as applied to a specific radio advertisement that Plaintiff plans to run before the November 4, 2014, federal elections. Presently before the Court are Plaintiff’s [3] Application for a Three Judge Court and Plaintiff’s [5] Motion for Preliminary Injunction. In the interest of expediting the resolution of this action, the parties agreed that the Court would rule on the merits of the Complaint as opposed to the preliminary injunction. Upon consideration of the pleadings,1 the relevant legal authorities, and the record as a whole, the Court DENIES Plaintiff’s motions. Plaintiff’s claims are foreclosed by clear United States Supreme Court precedent, principally by Citizens United v. Federal Election Commission, 558 U.S. 310 (2010). See id. at 366-71. Having considered the merits of this dispute, the Court enters JUDGMENT for Defendant. Accordingly, this action is DISMISSED in its entirety.

Click here to download the PDF file.