At issue in this case is the conviction of several actors involved in a presidential campaign, who the government prosecuted under Sarbanes-Oxley’s false submission prohibition and the federal False Statement statute. This had the effect of exposing the defendants to higher criminal liability without the “knowing and willful” state of mind standard required by FECA.  IFS argues that such prosecutions are counter to Congress’s intent in FECA that political speech be carefully regulated and that increasing criminal exposure on uncertain standards chills political speech.

Read the full amicus brief here.

Institute for Free Speech Amicus Brief, U.S. Supreme Court (December 2018)