Court of Appeals Issues Opinion in Pursuing America's Greatness v. FEC
WASHINGTON – A panel of the United States Court of Appeals for the District of Columbia Circuit today issued an Opinion and Order in Pursuing America's Greatness v. FEC (Case 15-5264). The panel concluded that there is a substantial likelihood that the FEC's political committee naming restriction in 11 § C.F.R. 102.14(a), as applied to Pursuing America’s Greatness (PAG), violates the First Amendment, while also concluding that PAG was unlikely to succeed on the merits of its challenge to the regulation under the Administrative Procedure Act. The court reversed the district court’s decision denying PAG’s motion for a preliminary injunction and remanded the case to the district court to enter a preliminary injunction enjoining the application of 11 C.F.R. § 102.14(a) against PAG’s websites and social media pages.
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.