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Dolan v. FEC


By agreement of both parties, the U.S. District Court for the District of Columbia dismissed this case on August 17, 1990. (Civil Action No. 90-0542.) Robert E. Dolan had asked the court to declare that 2 U.S.C. §438(a)(4), referred to as the "sale and use restriction," was unconstitutional as applied to his efforts to solicit individuals identified as contributors in FEC reports.

On July 13, 1990, the Commission had filed suit in the same court, asking the court to declare that Mr. Dolan knowingly and willfully violated the sale and use restriction.

On September 5, 1990, the Commission filed a motion to amend its complaint by requesting a court declaration that the sale and use restriction is constitutional insofar as it curtails the sale or use of contributor data for commercial purposes. The Commission also asked the court to certify the constitutional issue to the U.S. Court of Appeals for the District of Columbia Circuit under 2 U.S.C. §437h.

Source:   FEC Record October 1990