Independence Institute v. FEC

Case Updates

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.

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.