By Stephen Hunt and Tiffany Caldwell
Benson wrote in his ruling that the case against Swallow “only charges him with secondary liability and that Congress clearly did not include a ban against secondary actors in the [Federal Election Campaign] Act.”
The judge said the FEC “went too far” when it imposed liability under the Federal Election Campaign Act on secondary actors – “exceeding its authority to write regulations and improperly intruding into the realm of law-making that is the exclusive province of Congress.” …
Benson “deserves a lot of credit for having the courage to strike down what he viewed as an unconstitutional regulation,” Swallow said. “That’s very rare, when judges do that.”
Allen Dickerson, one of Swallow’s attorneys and the legal director of the Institute for Free Speech, said in a Friday email: “The Federal Election Commission’s brazen attempt to supplant Congress was rightly rejected by the court. Unelected commissioners cannot act outside of the law to punish conduct they deem inappropriate.
“Today’s ruling is a victory for separation of powers and secures the rights of all Americans to discuss and participate in campaign fundraising.”