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  • FEC Record: Litigation

Free Speech v. FEC (Appeals court)

July 1, 2013

On June 25, 2013, the U.S. Court of Appeals for the Tenth Circuit affirmed the district court’s dismissal of a challenge to FEC rules and policies brought by Free Speech, an unincorporated nonprofit. Free Speech challenged the constitutionality of the Commission’s regulation, 11 CFR 100.22(b), defining “expressly advocating,” the Commission’s process for determining whether an organization qualifies as a “political committee,” including the Commission’s application of the “major purpose” test, and the Commission’s standard for determining what constitutes a “solicitation” for contributions.

The Court of Appeals held that the U.S. District Court for the District of Wyoming had correctly resolved each of Free Speech’s constitutional challenges and adopted the District Court’s opinion in its entirety. See Record Summary of District Court Opinion in Free Speech v. FEC.