D.C. Court Strikes Down Regulations on Nonprofits' Campaign Funds

A federal appeals court has struck down regulations that strictly limited how nonprofit groups raise and spend money for political campaigns. A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit ruled in favor of Emily's List, a group that funds women Democratic candidates who support abortion rights and had challenged the rules as unconstitutional limits on free speech.The 2005 regulations cracked down on "soft money," unlimited donations from individuals, companies and unions that was being used to attack various candidates in the 2004 elections. The rules required groups like Emily's List to pay for election-related activities out of "hard money" -- donations explicitly labeled for elections that are capped at $5,000 per donor.

"The First Amendment, as interpreted by the Supreme Court, protects the right of individual citizens to spend unlimited amounts to express their views about policy issues and candidates for office," Circuit Judge Brett M. Kavanaugh wrote in his opinion. "Similarly, the First Amendment, as the Court has construed it, safeguards the right of citizens to band together and pool their resources as an unincorporated group or nonprofit organization in order to express their views about policy issues and candidates for public office. We agree with Emily's List that the new FEC regulations contravene those principles and violate the First Amendment."

Court Strikes Down Regulations Limiting Nonprofits' Campaign Funds [Washington Post]