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Reuters: Citizens United loses free speech appeal over New York donor rules

NEW YORK (Reuters) - A federal appeals court on Thursday threw out a constitutional challenge by the conservative group Citizens United to New York state’s requirement that registered charities disclose their donors annually.

The 2nd U.S. Circuit Court of Appeals in Manhattan rejected claims that the requirement violated the First Amendment because it intimidated donors from contributing, cutting off money needed to conduct free speech, and was a prior restraint on the ability to solicit donations.

Writing for a 3-0 panel, Circuit Judge Rosemary Pooler said New York has important interests in stopping fraud and abuse by charities, and requiring them to disclose names, addresses and contributions of their largest donors makes enforcement easier.

“While we think it plausible that some donors will find it intolerable for law enforcement officials to know where they have made donations, we see no reason to believe that this risk of speech chilling is more than that which comes with any disclosure regulation,” Pooler wrote.

The court also found no reason to believe that New York and its Attorney General Eric Schneiderman, a Democrat, enforced the disclosure requirement “in anything but a uniformly content-neutral fashion.”

Citizens United was also the plaintiff in the landmark 2010 U.S. Supreme Court case allowing unlimited independent spending by corporations and labor unions in election campaigns.

It advocates for limited government, free enterprise and strong families.

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Statement of Michael Boos, Citizens United Vice President and General Counsel, on today’s ruling by a three judge panel of the 2nd Circuit U.S. Court of Appeals

Statement of Michael Boos, Citizens United Vice President and General Counsel, on today's ruling by a three judge panel of the 2nd Circuit U.S. Court of Appeals upholding the dismissal of the organization’s legal challenge to the New York Attorney General's requirement that charities disclose their top supporters to his office as a pre-condition to soliciting contributions in New York.

Michael Boos statement:

"We are extremely disappointed by today's adverse ruling. We suffered a similar fate when we challenged the federal ban on corporate sponsored political speech, but were ultimately vindicated at the U.S. Supreme Court in the landmark Citizens United v. Federal Election Commission decision. As to today's ruling, we are carefully evaluating all of our options, including a possible petition for a rehearing before the full appeals court or an appeal to the U.S. Supreme Court. We will be making a decision in due course."


Citizens United files FOIA lawsuit vs. State Department

Citizens United files FOIA lawsuit vs. State Department for former Assistant Secretary of State for European and Eurasian Affairs Victoria Nuland’s emails and other records. 

Citizens United v. State Dept. FOIA Lawsuit (Victoria Nuland Emails, Etc.) by Citizens United on Scribd


Citizens United files amicus brief in support of the Trump Admin

The lower court's ruling that Pres. Trump can't cancel DACA is a classic example of liberal judicial activism at its worst. Here's our amicus brief in support of the Trump Admin:

Citizens United Amicus Brief in U.S. Department of Homeland Security v. Regents Univ. of California by Citizens United on Scribd


Wash Times: Eight years after Obama’s unusual State of the Union attack, Citizens United endures

The Capitol’s chambers are no strangers to violence, though fortunately the anniversary of the last canings has passed the sesquicentennial mark. It was only eight years ago, however, that President Obama chose to go after Supreme Court justices in that arena.  The occasion was his first State of the Union address and the topic was Citizens United, a case the justices had decided in a 5-4 ruling a week earlier, dealing an uppercut to the campaign finance reform movement by ruling that interest groups’ political spending is protected speech under the First Amendment.

The decision rocked politics, and Mr. Obama predicted it would “open the floodgates for special interests, including foreign corporations, to spend without limit in our elections.” In the first election after the ruling, spending did soar. Cash in congressional races leaped 46 percent and continued to tick up in the years since. But spending on presidential elections has dropped since the ruling, challenging Mr. Obama prediction of runaway campaigns.

“I think the impact was enormously exaggerated by opponents of the decision right from the beginning,” said lawyer Ted Olson, who argued the case before the Supreme Court on behalf of the plaintiffs.

That was about what Citizens United expected when it went to court in the first place. In 2008, the conservative group tried to air a documentary critical of Hillary Clinton, who at that time was the favorite to win the Democratic nomination for president. The group wanted to run ads touting the film and its blockbuster title, “Hillary: The Movie.” At the time, however, federal law prohibited a corporation from airing the ads, deeming them anti-Clinton electioneering subject to the 2002 McCain-Feingold campaign finance restrictions.

“When we first got to the Supreme Court, our main interest was just to show the documentary and some ads,” said Michael Boos, the executive vice president and general counsel of Citizens United. Conservatives — including President George W. Bush, who signed it into law — believed the courts would declare McCain-Feingold unconstitutional, eliminating its prohibition of corporations using their “general treasury” dollars to fund any “electioneering communications” within 30 days before a primary and 60 days before a general election.

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Citizens United releases news web video: “Appoint A Special Counsel To Investigate The Clintons”

Citizens United releases news web video:  “Appoint A Special Counsel To Investigate The Clintons”


CU President David Bossie discusses President Trump’s accomplishments on the one year anniversary of his inauguration on Fox & Friends

CU President David Bossie discusses President Trump’s accomplishments on the one year anniversary of his inauguration on Fox & Friends


Border Security Is Common Sense

President Trump's solutions on border security are common sense and should have a lot of bipartisan support! It wasn't so long ago that these ideas were bipartisan...Watch:


WaPo: Bossie: Don't believe Michael Wolff's trashy efforts to undermine Trump

David N. Bossie, president of Citizens United, was deputy campaign manager of the Trump campaign and deputy executive director of the Trump presidential transition team.

At about 2:20 a.m. the morning after Election Day, Kellyanne Conway’s cellphone rang. It was the Associated Press calling the 2016 presidential election for the ultimate political outsider, Donald J. Trump. When the call came there were about a dozen of us, senior campaign staff, along with Indiana Gov. Mike Pence (R), his wife and the Trump family in the residence atop Trump Tower. I remember standing near Melania Trump after Conway shared the news. Mrs. Trump was ecstatic that her husband had just been elected the 45th president of the United States. All of us were. I don’t remember Michael Wolff being in the room.

This week’s effort to undermine President Trump and his administration comes in the form of Wolff’s trashy, headline-grabbing book, “Fire and Fury,” which first lady Melania Trump correctly said belongs in the “bargain fiction section.” The explosive allegations in the book attributed to former White House chief strategist Stephen K. Bannon are disappointing to many, including me. Bannon must have realized the distraction that such inflammatory rhetoric would do to the momentum of the Trump agenda that’s finally being achieved for the American people. It is inexcusable.

In our own recent book, “Let Trump Be Trump,” Corey Lewandowski and I offered a firsthand account of a campaign the likes of which this country had never seen. From the Mobile, Ala., “Trumpmania” event in August 2015 to our last stop in Grand Rapids, Mich., early on Election Day, Trump’s rallies were the driving force of his campaign. Millions of people packed arenas around the country, often standing in line for hours, to see their candidate.

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CU & CUF File Amicus Brief in Support of President Trump’s Immigration Executive Order

Citizens United & Citizens United Foundation file amicus brief in support of President Trump’s immigration executive order at 9th Circuit Court of Appeals. 

Citizens United & Citizens United Foundation - Hawaii v. Trump 9th Circuit Amicus Brief (November 22 2017) by Citizens United on Scribd


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Statement of Michael Boos, Citizens United Vice President and General Counsel, on today’s ruling by a three judge panel of the 2nd Circuit U.S. Court of Appeals

Statement of Michael Boos, Citizens United Vice President and General...

Citizens United files FOIA lawsuit vs. State Department

Citizens United files FOIA lawsuit vs. State Department for former...

Citizens United files amicus brief in support of the Trump Admin

The lower court's ruling that Pres. Trump can't cancel DACA...

Citizens United releases news web video: “Appoint A Special Counsel To Investigate The Clintons”

Citizens United releases news web video: “Appoint A Special Counsel...

CU In The News

Reuters: Citizens United loses free speech appeal over New York donor rules

NEW YORK (Reuters) - A federal appeals court on Thursday...

Wash Times: Eight years after Obama’s unusual State of the Union attack, Citizens United endures

The Capitol’s chambers are no strangers to violence, though fortunately...

CU President David Bossie discusses President Trump’s accomplishments on the one year anniversary of his inauguration on Fox & Friends

CU President David Bossie discusses President Trump’s accomplishments on the...

WaPo: Bossie: Don't believe Michael Wolff's trashy efforts to undermine Trump

David N. Bossie, president of Citizens United, was deputy campaign...

David Bossie at CPAC 2017

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