Rick noted a few weeks ago that the federal trial court was “decidedly unimpressed with CU’s argument related to the media exemption.” Looks like the Tenth Circuit was more impressed. A panel today ordered that pending final disposition of the appeal, the Citizens United film Rocky Mountain Heist is to be treated not as an electioneering communication but as the product of a media entity (excluded from electioneering communications by state law). That means that the film itself can be aired without disclosing its donors.
Ads placed by Citizens United to promote the film, however, are not exempt from the reporting and disclosure requirements. There’s not much explanation in the order for the compromise – but I’m not sure I’d expect this balance to stick after the election itself, as the case is addressed on the merits.
The Denver Post has more.