First Circuit -- National Organization For Marr v. McKee

 National Organization For Marr v. McKee 

 National organization does not have standing to challenge state regulations of major-purpose PACS, as the major  purpose of the organization is not intervention in that particular state's affairs.

National organization has standing to challenge non-major-purpose PAC laws, given self-censorship in recent campaign.

National organization has standing to challenge out-of-state PAC laws.

Even though plaintiff's actual conduct was clearly within the ambit of the statute, forgone/chilled conduct grants standing to challenge vagueness.

Extensive discussion of issue advocacy versus candidacy support - ultimately held to be irrelevant to overbreadth.

State law defining PAC's and regulating disclosure held to exacting (intermediate - substantial connection to legit end) scrutiny, not strict scrutiny.  No burden in being labeled a PAC.

 State interest in dissemination of information means that the definition of PACs is not overbroad.

$100 trigger for independent expenditure reporting constitutional despite not being indexed to inflation.

Minimal attribution and disclaimer regs kosher after Citizens United.

Terms used in Act not unconstitutionally vague under due process.

Where parties stipulate that certain parts of the record are to be sealed, no error in court ordering opening of entire trial record, absent proof of harm from parties.  Presumption is for openness.