June 24, 2019

Case Law: First Post-Citizens United Case Decided

If you were wondering how the first case following the landmark decision in Citizens United v. Federal Election Commission would shake out, wonder no more.

Just nine weeks after United States Supreme Court opened the field for political advertising directly funded by corporations and labor unions, the D.C. Circuit Court of Appeals has decided, en bancSpeechNow.org v. Federal Election Commission, the first case in Citizens United‘s wake.

At issue was whether SpeechNow.org, a 527 organization formed for the political advocacy of free speech (particularly free speech by way of campaign spending), was subject to the campaign contribution limits of a “policital committee” and whether such limits violate the First Amendment. Following the lead of the high court in Citizens United, the D.C. Circuit court found the spending limits unconstitutional. The donation reporting requirements remain unchanged by the court ruling.

See here for a comprehensive wrapup of SpeechNow.org — and, of course, keep your eyes on CBA-CLE Legal Connection for more Citizens United developments, coast to coast, as they happen.

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