RTAO is an issue advocacy 527 corporation formed to tell the American people the real truth about Senator Obama’s public policy positions. Its first project is about Obama’s radical pro-abortion views and voting record. RTAO does not make “express advocacy” communications, but rather only does issue advocacy. The Supreme Court has stated that such issue advocacy is constitutionally protected as it “conveys information and educates. An issue ad's impact on an election, if it exists at all, will come only after the voters hear the information and choose--uninvited by the ad--to factor it into their voting decisions.” Wisconsin Right to Life, Inc. v. Federal Election Commission ("WRTL II"). Nonetheless, RTAO fears that if it broadcasts its new issue ad it will be subject to an enforcement action by the FEC and DOJ for violating campaign finance laws.RTAO first filed suit against the FEC and DOJ three weeks ago challenging FEC regulations and an FEC enforcement policy that unconstitutionally restrict RTAO’s ability to engage in issue advocacy. First, RTAO challenges the FEC’s flawed alternative definition of express advocacy, 11 C.F.R. § 100.22(b), which the FEC has used to prohibit groups like RTAO from participating in protected issue advocacy. Second, RTAO challenges the FEC’s regulation dealing with solicitation of donations, 11 C.F.R. § 100.57(a), which permits the FEC to regulate donations made for issue advocacy. Third, RTAO challenges the FEC's PAC status enforcement policy, which requires issue advocacy groups like RTAO to register as political committees. And fourth, RTAO challenges 11 C.F.R. § 114.15, which is the FEC's vague rule purporting to implement WRTL II’s appeal-to-vote test, which test was created to protect issue advocacy by limiting the corporate prohibition on "electioneering communications.”

“It’s unfortunate that before an organization can exercise its First Amendment right to speak out on an issue it must first seek an injunction in federal court,” states James Bopp, Jr., lead attorney for The Real Truth About Obama. “Something must change. I’m hopeful that as a result of this case, and others like it, we can push back overreaching campaign finance laws and restore to the people the right to speak out on political issues.”

The text of RTAO’s latest ad titled “Survivors” is as follows:

NURSE: The abortion was supposed to kill him, but he was born alive.  I couldn’t bear to follow hospital policy and leave him on a cold counter to die, so I held and rocked him for 45 minutes until he took his last breath. 

MALE VOICE: As an Illinois Democratic State Senator, Barack Obama voted three times to deny lifesaving medical treatment to living, breathing babies who survive abortions.  For four years, Obama has tried to cover-up his horrendous votes by saying the bills didn’t have clarifying language he favored. Obama has been lying.  Illinois documents from the very committee Obama chaired show he voted against a bill that did contain the clarifying language he says he favors.   

Obama’s callousness in denying lifesaving treatment to tiny babies who survive abortions reveals a lack of character and compassion that should give everyone pause. 

Paid for by The Real Truth About Obama, Inc.  

The case is titled The Real Truth About Obama, Inc. v. FEC et al., Case No. 3:08-cv-00483-JRS, in the United States District Court for the Eastern District of Virginia. A copy of the Complaint and preliminary injunction motion are available on the website for the James Madison Center for Free Speech at www.jamesmadisoncenter.org.

James Bopp, Jr. has a national constitutional law practice with the law firm of Bopp, Coleson & Bostrom.