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District Court issues opinion in Pursuing America’s Greatness v. FEC

March 21, 2019

WASHINGTON – The United States District Court for the District of Columbia on Thursday issued a Memorandum Opinion and Order in Pursuing America’s Greatness v. FEC (Case 1:15- 01217), granting the plaintiff’s motion for summary judgment and denying the Commission’s motion for summary judgment. The court also declared 11 CFR 102.14(a) unconstitutional and permanently enjoined the Commission from enforcing it. That regulation interpreted the Federal Election Campaign Act to prohibit an unauthorized political committee's use of a federal candidate's name in its name and also any name under which it conducts activities including, as interpreted by the Commission, websites or social media pages. The regulation contained some exceptions, including for titles of special projects unambiguously showing opposition to the named candidate.

The Federal Election Commission (FEC) is an independent regulatory agency that administers and enforces federal campaign finance laws. The FEC has jurisdiction over the financing of campaigns for the U.S. House of Representatives, the U.S. Senate, the Presidency and the Vice Presidency. Established in 1975, the FEC is composed of six Commissioners who are nominated by the President and confirmed by the U.S. Senate.