The federal district court in Washington yesterday issued an injunction barring the Federal Election Commission from enforcing contribution limits against SpeechNow.org and its donors.
The injunction, opposed by the FEC, reinforces a March 26 ruling by the U.S. Court of Appeals for the D.C. Circuit in SpeechNow.org v. Federal Election Commission. The en banc court unanimously struck down a ceiling on contributions to independent political groups that want to spend money directly to support or oppose candidates in federal elections.
SpeechNow.org describes itself as “an independent speech group of individuals dedicated to promoting and protecting our First Amendment rights to free speech and for the freedom to assemble.”
The D.C. Circuit’s ruling was the first to apply and significantly expand the U.S. Supreme Court’s decision in Citizens United v. Federal Election Commission, which invalidated limits on corporate expenditures in federal campaigns.
In arguing against the injunction, the FEC said it would not enforce the law’s limits against SpeechNow.org. But SpeechNow’s lawyers countered that the FEC’s assurances did not extend to the organization’s prospective donors who were not plaintiffs in the original lawsuit.
“By enjoining the FEC from enforcing limits against prospective donors to SpeechNow.org, the court has ensured that everyone is free to associate and speak about politics,” said Steve Simpson, senior attorney with the Institute for Justice, which, with the Center for Competitive Politics, represented SpeechNow in the litigation. “No one should have to choose between their First Amendment right to speak and their First Amendment right to associate.”
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