Citizens United filed a lawsuit in the U.S. District Court for the District of Colorado challenging the application of Colorado’s campaign finance regulatory regime to the documentary film, Rocky Mountain Heist, which the organization plans to release in the fall.
The lawsuit follows Gessler’s determination that Citizens United film and related promotional materials do not fall within Colorado’s various media exemptions and would be subject to Colorado’s burdensome campaign finance reporting and disclosure requirements. The media exemptions, as enforced, protect the rights of the print media and broadcast facilities while discriminating against the constitutionally protected speech of speakers such as Citizens United. Relying extensively on its landmark win in Citizens United v. FEC, the lawsuit challenges the discriminatory reporting and disclosure regime that applies to electioneering communications and independent expenditures.