PUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

THE REAL TRUTH ABOUT OBAMA, 

INC.,

Plaintiff-Appellant,

v.

FEDERAL ELECTION COMMISSION;

UNITED STATES DEPARTMENT OF  No. 08-1977 JUSTICE,

Defendants-Appellees.

CAMPAIGN LEGAL CENTER;

DEMOCRACY 21,

Amici Supporting Appellees. 

On Remand from the Supreme Court of the United States.

(S. Ct. No. 09-724)

Decided on Remand: June 8, 2010

Before NIEMEYER, Circuit Judge, C. Arlen BEAM, Senior

Circuit Judge of the United States Court of Appeals for the

Eighth Circuit, sitting by designation, and

Joseph F. ANDERSON, Jr., United States District Judge for

the District of South Carolina, sitting by designation.

Published Order on Remand from the Supreme Court entered

per curiam.

Case: 08-1977 Document: 82 Date Filed: 06/08/2010 Page: 1
COUNSEL

Michael Boos, LAW OFFICE OF MICHAEL BOOS, Fairfax,

Virginia; James Bopp, Jr., Richard E. Coleson, Clayton J.

Callen, BOPP, COLESON & BOSTROM, Terre Haute, Indiana, for Appellant. Thomasenia P. Duncan, General Counsel,

David Kolker, Associate General Counsel, Harry J. Summers,

Assistant General Counsel, Adav Noti, FEDERAL ELECTION COMMISSION, Washington, D.C.; Gregory G. Katsas,

Assistant Attorney General, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; Dana J. Boente,

Acting United States Attorney, OFFICE OF THE UNITED

STATES ATTORNEY, Alexandria, Virginia; Michael S.

Raab, Eric Fleisig-Greene, UNITED STATES DEPARTMENT OF JUSTICE, Civil Division, Washington, D.C., for

Appellees. Donald J. Simon, SONOSKY, CHAMBERS,

SACHSE, ENDRESON & PERRY, LLP, Washington, D.C.,

Fred Wertheimer, DEMOCRACY 21, Washington, D.C., for

Democracy 21, Amicus Supporting Appellees; J. Gerald

Hebert, Paul S. Ryan, Tara Malloy, THE CAMPAIGN

LEGAL CENTER, Washington, D.C., for Campaign Legal

Center, Amicus Supporting Appellees.

ORDER

PER CURIAM:

In Citizens United v. Federal Election Commission, 130 S.

Ct. 876 (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,

2 THE REAL TRUTH v. FCC

Case: 08-1977 Document: 82 Date Filed: 06/08/2010 Page: 2
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, 78

U.S.L.W. 3627 (U.S. Apr. 26, 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.

THE REAL TRUTH v. FCC 3

Case: 08-1977 Document: 82 Date Filed: 06/08/2010 Page: 3