A U.S. District Court judge today vacated an FEC regulation that limited the degree to which corporations and labor unions must disclose their donors when they pay for an Electioneering Communication. Van Hollen v. FEC An Electioneering Communication is a broadcast, cable or satellite communication that features a federal candidate,
Continue Reading A Pyrrhic Victory? The Impact of Today’s District Court Decision on Electioneering Communications (Van Hollen v. FEC)
Van Hollen
Update on Van Hollen Litigation
As we noted earlier this week, the ball in the Van Hollen v. FEC case was in the agency’s court. There have been two developments to close out this week.
First, the FEC voted during its open meeting yesterday, on a 3-3 party-line vote (audio here), not to pursue…
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Electioneering Communications Start to Reemerge After D.C. Circuit’s Van Hollen Ruling
Electioneering communications, perhaps unsurprisingly, have reemerged on the airwaves following the U.S. Court of Appeals for the D.C. Circuit’s September 18th reversal of a district court decision in Van Hollen v. FEC that required entities paying for electioneering communications to disclose all of their donors.
As we’ve previously noted…
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Reversing Van Hollen, D.C. Circuit Removes Important Legal Barrier To Television and Radio Political Ads
After a hiatus, ads that refer to federal candidates but that stop short of calling for their election or defeat may soon be returning to the airwaves. Only two business days after oral argument, a three-judge D.C. Circuit panel today unanimously reversed a lower court decision that required issue advocacy…
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“Electioneering Communications” Virtually Vanish in Wake of Van Hollen Decision
On March 30, 2012, the U.S. District Court for the District of Columbia issued a decision in Van Hollen v. FEC striking down the Federal Election Commission (“FEC”) regulation that limited disclosure of donors to those who gave specifically for the purpose of funding “electioneering communications.” Electioneering communications are broadcast…
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The Return of Anonymous Attack Ads?
Could this week bring the brief return of anonymous attack ads? The next few days will tell.
Attack ads are frequently “electioneering communications,” television and radio ads that refer to a clearly identified candidate 30 days prior to a primary election or 60 days prior to the general…
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Disclosure Rules for Electioneering Communications — the FEC Provides Guidance
Today, the FEC issued a formal statement on the impact of the D.C. District Court’s decision this spring in Van Hollen v. FEC. The conclusion — the disclosure regulations are to be applied as originally written, and the agency will employ common sense definitions of several terms.
As…
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