Forum

U.S. Supreme Court

Case Status

Decided

Docket Number

Term

2016 Term

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Questions Presented

Whether Congress may require organizations engaged in the genuine discussion of policy issues, unconnected to any campaign for office, to report to the Federal Election Commission, and publicly disclose their donors, pursuant to the Bipartisan Campaign Reform Act of 2002.

Case Updates

Supreme Court summarily affirms district court decision

February 27, 2017

The Supreme Court summarily affirmed the decision of the three-judge district court, which had held that the First Amendment does not prevent the FEC from requiring donor disclosure for policy ads placed shortly before an election.

U.S. Chamber urges Supreme Court to review FEC disclosure requirements

January 09, 2017

The U.S. Chamber filed an amicus brief urging the Supreme Court to grant plenary review to decide whether Congress may require organizations engaged in genuine discussion of policy issues, unconnected to any campaign for office, to report to the FEC and publicly disclose their donors.

The Chamber’s brief argues that the district court’s decision warrants further review because it obliterates the distinction between campaign speech and policy advocacy, and its uncritical acceptance of disclosure requirements has no limiting principle. The brief warns that the district court’s ruling sets a dangerous precedent that will substantially chill core political speech at a time when states are passing ever-more-restrictive disclosure requirements.

Jan Baran, Thomas W. Kirby, and Caleb P. Burns of Wiley Rein LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

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