Boyd Wiggam (Wyoming Bar # 6-4059)

WYOMING LIBERTY GROUP

1902 Thomes Ave. 

Ste. 201

Cheyenne, WY 82001

(307) 632-7020 [Tel.]

(307) 632-7024 [Fax]

boyd.wiggam@wyliberty.org

UNITED STATES DISTRICT COURT

DISTRICT OF WYOMING

UNNAMED PLAINTIFF #1,

UNNAMED PLAINTIFF #2, 

PILLAR OF LAW INSTITUTE,

Plaintiffs,

v.

FEDERAL ELECTION COMMISSION

Defendant.

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C.A. No. 16-CV-135-S

Expedited Consideration and 

Oral Argument Requested

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PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTIVE RELIEF

________________________________

Plaintiffs respectfully move for preliminary injunctive relief pursuant to Federal Rule of 

Civil Procedure 65. In doing so, they ask this Court to enjoin the enforcement of 52 U.S.C. §30118. 

Plaintiffs have filed their Verified Complaint requesting declaratory and injunctive relief. 

See Doc. No. 1. In their complaint, Plaintiffs describe how 52 U.S.C. §30118 violates the First 

Amendment to the United States Constitution. They also illustrate how their constitutionallyprotected conduct has a short timeframe in which it must occur in this election cycle—between 

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now and throughout the Republican Party National Convention in Cleveland, Ohio on July 18-21, 

2016.

In order to secure a preliminary injunction, a movant must demonstrate: “(1) a substantial 

likelihood of success on the merits; (2) irreparable injury will result if the injunction does not issue; 

(3) the threatened injury to the movant outweighs any damage the injunction may cause the 

opposing party; and (4) issuance of the injunction would not be adverse to the public interest.” 

Northern Natural Gas Co. v. L.D. Drilling, Inc., 697 F.3d 1259, 1266 (10th Cir. 2012) (quoting 

Kansas Judicial Watch v. Stout, 653 F.3d 1230, 1233 n.2 (10th Cir.2011)). As demonstrated in the 

accompanying memorandum, Plaintiffs have shown a likelihood of success by demonstrating how 

52 U.S.C. §30118 is an unconstitutional restriction of political speech and association. Likewise, 

and as demonstrated in their memorandum, the loss of First Amendment rights between now and 

the Convention constitutes irreparable injury. Moreover, where serious First Amendment concerns 

exist, the balance of equities tips in favor of the movant. Lastly, it is always in the public interest 

to protect constitutional rights. 

In this case, a bond should not be required because of the strength of Plaintiffs’ argument 

and the lack of damages that the Federal Election Commission (“FEC”) would suffer as the result 

of a preliminary injunction. See, e.g., Coquina Oil Corp. v. Transwestern Pipeline Co., 825 F.2d 

1461, 1462 (10th Cir. 1987). Here, facing the resolution of constitutional rights, the FEC would 

suffer no injury as the result of being unable to enforce 52 U.S.C. §30118.

The Republican National Convention will occur between July 18 and 21. Plaintiffs face a 

short timeframe in which to engage in First Amendment protected conduct—both before and 

during the Convention—but are prohibited by the operation of 52 U.S.C. §30118. Plaintiffs 

therefore seek expedited consideration of this request, waive their right to file a reply brief under 

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Local Rule 7.1(b)(2)(C) (Dispositive and Preliminary Injunction Motions), and request oral 

argument at this Court’s earliest convenience.

For the reasons set forth in Plaintiffs’ memorandum in support of this motion, Plaintiffs 

respectfully request that the Court grant Plaintiffs’ motion for preliminary injunctive relief on their 

First Amendment claims and grant Plaintiffs any other relief the Court deems just and appropriate. 

Respectfully submitted,

/s/ Benjamin Barr

Benjamin Barr

Stephen R. Klein

PILLAR OF LAW INSTITUTE

455 Massachusetts Ave. NW

Ste. 359

Washington, DC 20001-2742

(202) 815-0955 [Tel.]

benjamin.barr@pillaroflaw.org

stephen.klein@pillaroflaw.org

Boyd Wiggam (Wyoming Bar # 6-4059)

WYOMING LIBERTY GROUP

1902 Thomes Ave. 

Ste. 201

Cheyenne, WY 82001

(307) 632-7020 [Tel.]

(307) 632-7024 [Fax]

boyd.wiggam@wyliberty.org

June 3, 2016

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CERTIFICATE OF SERVICE

I, Benjamin Barr, certify that the foregoing Motion for Preliminary Injunctive Relief was 

electronically served on Defendant’s counsel via electronic mail pursuant to consent under Fed. R. 

Civ. P. 5(b)(2)(E) on June 3, 2016.

/s/ Benjamin Barr 

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