Did a D.C. Federal Court Fail the “Major Purpose Test”?

A recent opinion by Judge Christopher R. Cooper of the federal District Court in Washington, D.C. poses new risks for advocacy groups and their supporters. The ruling erodes a constitutional limitation on the power of the government to compel Americans speaking about policy issues to register themselves as political committees (PACs) with the Federal Election Commission (FEC).

Filed Under: Blog, Citizens United v. Federal Election Commission, Disclosure, Disclosure Federal, AAN, American Action Network, Citizens for Responsibility and Ethics in Washington, CREW, CREW v. FEC, Electioneering Communications, federal election commission, Judge Christopher Cooper, Major Purpose Test

Comments to FEC on Rulemaking 2014-02 (Independent Expenditure Reporting)

PDF of letter available here Via Electronic Filing Robert M. Knop Assistant General Counsel Federal Election Commission 1050 First Street, NE Washington, DC 20463 RE: Regulation 2014-02 The Institute for Free Speech is pleased that the Federal Election Commission has issued this notice of proposed rulemaking (NPRM) regarding independent expenditures by candidates and to allow […]

Filed Under: Blog, Disclosure, Disclosure Comments, Disclosure Federal, Disclosure Press Release/In the News/Blog, External Relations Comments and Testimony, Federal, Federal Comments and Testimony, Electioneering Communications, federal election commission, Independent Expenditures

Constitutional and Practical Issues with Idaho S. 1337 (2017 Campaign Finance Reform Legislative Work Group Recommendations)

VIA ELECTRONIC MAIL The Honorable Jeff C. Siddoway The Honorable Marv Hagedorn RE: Constitutional and Practical Issues with S. 1337 (2017 Campaign Finance Reform Legislative Work Group Recommendations) Dear Chair Siddoway, Vice Chair Hagedorn, and Members of the Senate State Affairs Committee: On behalf of the Institute for Free Speech[1] (“the Institute”), we respectfully submit […]

Filed Under: Blog, Disclosure, Disclosure, Disclosure Comments, Disclosure State, External Relations Comments and Testimony, State, State Comments and Testimony, Electioneering Communications, Internet Speech Regulation, Online Ads, Social Media, Idaho

Understanding the Differences Between Political and Issue Advocacy

PDF available here The First Amendment protects speech from burdensome government regulation. Until the 1970s, federal law largely did not regulate either campaign speech or issue speech by advocacy groups. That changed with the adoption of the Federal Election Campaign Act (FECA). The Act attempted to regulate any speech “relative to a clearly identified candidate.” […]

Filed Under: Blog, Disclosure, Disclosure, Disclosure, Disclosure Federal, Disclosure Handouts, Disclosure Press Release/In the News/Blog, Issue Advocacy, Jurisprudence & Litigation, Buckley v. Valeo, Electioneering Communications, Express Advocacy, Issue Advocacy, U.S. Supreme Court, Disclosure, Issue Advocacy, Jurisprudence & Litigation, Disclosure, Issue Advocacy, Jurisprudence & Litigation

Constitutional and Practical Issues with Idaho H. 573 (2017 Campaign Finance Reform Legislative Work Group Recommendations)

VIA ELECTRONIC MAIL The Honorable Thomas F. Loertscher The Honorable Jason A. Monks RE: Constitutional and Practical Issues with H. 573 (2017 Campaign Finance Reform Legislative Work Group Recommendations) Dear Chair Loertscher, Vice Chair Monks, and Members of the House State Affairs Committee: On behalf of the Institute for Free Speech[1] (“the Institute”) and Attorney […]

Filed Under: Blog, Disclosure, Disclosure, Disclosure Comments, Disclosure State, External Relations Comments and Testimony, State, State Comments and Testimony, disclaimers, Electioneering Communications, Internet Speech Regulation, Online Ads, Social Media, Idaho

2017 DISCLOSE Act Would Unconstitutionally Restrict Speech, CCP Analysis Finds

Alexandria, VA – The Center for Competitive Politics released an analysis today by Senior Fellow Eric Wang regarding the latest iteration of the DISCLOSE Act. Similar proposals have been introduced in Congress dating back to 2010 with the aim of creating a “deterrent effect” on political speech. The “DISCLOSE Act of 2017” (S. 1585) may […]

Filed Under: Blog, Citizens United v. Federal Election Commission, Corporate Governance, Corporate Governance Comments, Corporate Governance Federal, Corporate Governance Press Release/In the News/Blog, Disclosure, Disclosure, Disclosure Federal, Disclosure Press Release/In the News/Blog, Federal Comments and Testimony, Issues, Newsroom, Press Releases, DISCLOSE Act of 2017, Donor Privacy, Electioneering Communications, foreign nationals, Harassment, sheldon whitehouse

Analysis of the “DISCLOSE Act of 2017” (S. 1585): New Bill, Same Plan to Crack Down on Speech

PDF of Legislative Brief available here By Eric Wang, Senior Fellow[1] Introduction and Executive Summary Ever since the Supreme Court issued its Citizens United ruling in 2010,[2] opponents of the decision in Congress have been trying to counteract it with the “DISCLOSE Act” (“Democracy Is Strengthened by Casting Light on Spending in Elections Act”). Sen. […]

Filed Under: Blog, Citizens United v. Federal Election Commission, Corporate Governance, Corporate Governance Comments, Corporate Governance Federal, Corporate Governance Press Release/In the News/Blog, Disclosure, Disclosure, Disclosure Federal, Disclosure Press Release/In the News/Blog, External Relations Comments and Testimony, Federal Comments and Testimony, Issues, DISCLOSE Act of 2017, Donor Privacy, Electioneering Communications, foreign nationals, Harassment, sheldon whitehouse

Constitutional and Practical Issues with Colorado House Bills 17-1261 and 17-1262

VIA ELECTRONIC MAIL The Honorable Vicki Marble The Honorable Jerry Sonnenberg RE: Constitutional and Practical Issues with House Bills 17-1261 and 17-1262 Dear Chair Marble, Vice-Chair Sonnenberg, and Members of the Senate State, Veterans, and Military Affairs Committee: On behalf of the Center for Competitive Politics (“the Center”),[1] we respectfully submit the following comments on […]

Filed Under: Blog, Disclosure, Disclosure, Disclosure Comments, Disclosure State, External Relations Comments and Testimony, State Comments and Testimony, disclaimers, Electioneering Communications, Colorado

Still Overbroad and Still Dangerous: Arkansas H.B. 1005 Threatens Nonprofit Groups’ Speech

PDF available here As amended by the sponsor on March 14, 2017, House Bill 1005 now contains only two major provisions. The first regulates “coordinated communications,” and the second creates a novel and excessively broad form of regulable speech: “political advertisements.” In both cases, the bill grants the five-member Arkansas Ethics Commission (“AEC”) unbridled discretion […]

Filed Under: Blog, External Relations Comments and Testimony, State, State Comments and Testimony, Arkansas Ethics Commission, coordination, Electioneering Communications, Arkansas

Constitutional and Practical Issues with Nebraska Legislative Bill 252

The Honorable John Murante Room #1423 P.O. Box 94604 Lincoln, NE 68509 Re:  Constitutional and Practical Issues with Legislative Bill 252 Dear Chairperson Murante and Members of the Senate Government, Military and Veterans Affairs Committee: On behalf of the Center for Competitive Politics, I am writing you today to respectfully submit the following comments regarding […]

Filed Under: Blog, External Relations Comments and Testimony, State, State Comments and Testimony, Electioneering Communications, Nebraska

The Center for Competitive Politics is now the Institute for Free Speech.