CCL v. FEC

On May 9, 2006, the U.S. District Court for the District of Columbia denied the Christian Civic League of Maine’s (CCL) motion for a preliminary injunction.

The court cited the Supreme Court finding in McConnell v. FEC that the government had a compelling interest in limiting the expenditure of corporate treasury funds via the electioneering communication (EC) provision contained in the Federal Election Campaign Act. It also restated from McConnell that the EC provision is not a ban on expression, but rather a requirement that corporations fund certain advertisements through their separate segregated funds. The court found that the communication CCL intended to air was functionally equivalent to the “sham issue advertisements” that the McConnell court identified.

Although the court found that the CCL had several different options in communicating its message that would avoid violating the electioneering communication provision, CCL chose not to exercise these options. Therefore, the court found that CCL had not established the likelihood of irreparable harm and that granting a preliminary injunction would harm the interest of the Commission and the public by preventing the enforcement of an Act of Congress.

On May 12, CCL filed an appeal with the U.S. Supreme Court and moved for expedited consideration and consolidated briefing of the matter. On May 15, the Court rejected CCL’s motion to expedite and consolidate. The Court has not ruled on the appeal itself

For more information on this case, see the May 2006 Record, page 7.