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SpeechNOW.org v. Federal Election Commission
SpeechNOW.org v. Federal Election Commission was a 2010 federal court case involving SpeechNOW, an organization that pooled resources from individual contributors to make independent expenditures. SpeechNOW challenged the constitutionality of the Federal Election Campaign Act (FECA)'s political committee registration, contribution limits, and disclosure requirements for independent expenditure-only groups. The United States Court of Appeals for the District of Columbia Circuit held that FECA's limits on what individuals could contribute to SpeechNOW, and what SpeechNOW could accept, violated the First Amendment.[1] SpeechNOW.org is the first case in which a federal court applied the Supreme Court's decision in Citizens United v. Federal Election Commission, which removed contribution limits on independent expenditures.[2]
Background
SpeechNOW was a nonprofit organization that was formed by individuals who wished to pool shared resources to make independent expenditures with express advocacy (political campaign advertisements uncoordinated with candidates or parties that contain explicit support for the election or defeat of a particular candidate). SpeechNOW said they planned to solicit contributions only from individuals and accept no contributions from corporations. Individual plaintiffs involved in the case, however, expressed a desire to contribute more than was allowed under federal law.
SpeechNOW sought an advisory opinion from the Federal Election Commission about whether they would have to register as a political committee under FECA to receive contributions from individuals to make independent expenditures with express advocacy. The FEC prepared a draft opinion stating that because of SpeechNOW's interest in influencing federal elections, contribution limits would apply to what SpeechNOW could accept and that it was required to register as a political committee after receiving $1,000 in contributions each year.
On February 14, 2008, SpeechNOW and several individual plaintiffs filed a suit in the United States District Court for the District of Columbia challenging FECA's political committee registration requirements, contribution limits, and disclosure requirements. The District Court denied SpeechNOW's request for a preliminary injunction, saying "sufficiently important government interests support limits on contributions to political committees, including groups like SpeechNow who intend to spend all of their money on independent expenditures."[1]
The plaintiffs successfully appealed the case to the United States Court of Appeals for the District of Columbia Circuit, which made a ruling in 2010.>ref name=FEC/>
Decision
The Court of Appeals ruled that contribution limits on what individuals could give, and the amount SpeechNOW could receive, were unconstitutional. Since SpeechNOW is an independent expenditure-only group, the Court applied the decision in the Citizens United case, which removed contribution limits on independent expenditures. It held that contribution limits to such groups violate "the First Amendment by preventing [individuals] from donating to SpeechNow in excess of the limits and by prohibiting SpeechNow from accepting donations in excess of the limits.” The Court noted, however, that contribution limits on donations directly to candidates were still constitutional.[1][3]
The Court upheld FECA's disclosure and reporting requirements, which meant that SpeechNOW would have to register as a political committee. The court argued that while such requirements imposed limited restrictions on First Amendment rights, the restrictions were minimal in proportion to how the organization intended to operate.[1][3]
Aftermath
SpeechNOW was registered as a 527 group, an IRS-designated nonprofit organization such as a political party, committee, association, or fund, operating primarily for the purpose of influencing elections or selecting candidates for political office. SpeechNOW appealed the case to the U.S. Supreme Court in order to challenge the disclosure and reporting requirements, but the Supreme Court declined to hear the case.[2]
Recent news
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See also
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Footnotes
