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THURSDAY, NOVEMBER 26, 2009
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9

Court Rescinds Cap on Political Spending by Nonprofits

Emily's List wins ruling on 'soft money'

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(Newser) – A federal appeals court today rescinded FEC limits on “soft money,” the Washington Post reports. The federal regulations had required that funds used by a nonprofit to influence a federal election be drawn from “hard money” accounts—individual contributions of “hard money” are capped at $5,000. The court agreed with the advocacy group Emily’s List that such restrictions violated nonprofit groups’ right to free speech.

"The First Amendment, as interpreted by the Supreme Court, protects the right of individual citizens to spend unlimited amounts to express their views about candidates for office,” Brett Kavanaugh wrote for the three-judge panel that issued the ruling. "Similarly, the First Amendment, as the Court has construed it, safeguards the right of citizens to pool their resources as a non-profit organization in order to express their views."

Secretary of State-designate Hillary Rodham Clinton speaks at a luncheon for the political action committee Emily's List Sunday, Jan. 18, 2009 in Washington.
Secretary of State-designate Hillary Rodham Clinton speaks at a luncheon for the political action committee Emily's List Sunday, Jan. 18, 2009 in Washington.   (AP Photo/Evan Vucci)
Secretary of Homeland Security- designate Janet Napolitano smiles during a luncheon for the political action committee Emily's List Sunday, Jan. 18, 2009 in Washington.
Secretary of Homeland Security- designate Janet Napolitano smiles during a luncheon for the political action committee Emily's List Sunday, Jan. 18, 2009 in Washington.   (AP Photo/Evan Vucci)
Speaker of the House, Rep. Nancy Pelosi, D-Calif., speaks during a luncheon for the political action committee Emily's List Sunday, Jan. 18, 2009 in Washington.
Speaker of the House, Rep. Nancy Pelosi, D-Calif., speaks during a luncheon for the political action committee Emily's List Sunday, Jan. 18, 2009 in Washington.   (AP Photo/Evan Vucci)
Secretary of State-designate Hillary Rodham Clinton waves during a luncheon for the political action committee Emily's List Sunday, Jan. 18, 2009 in Washington.
Secretary of State-designate Hillary Rodham Clinton waves during a luncheon for the political action committee Emily's List Sunday, Jan. 18, 2009 in Washington.   (AP Photo/Evan Vucci)
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9 comments
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logothete
Sep 18, 09 4:56 PM CDT
Even though I like Emily's List, this, and the SCOTUS decisions leading to it, are a disaster for democracy. They're all rooted in the same flawed concept - that a group of individuals, whether it be a List, or a PAC or, God help us, a corporation, have the same First Amendment rights as an individual. From here on in, not only will elections be auctioned off for the highest dollar, as they frequently are now, but there will be no way to restrain them by law. Welcome to mega-corporate America. Reply
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+11
IN RESPONSE:
DJM420
Sep 18, 09 5:11 PM CDT
sold to highest bidder!
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+1
IN RESPONSE:
shonangreg
Sep 18, 09 7:31 PM CDT
This issue is before the Supreme Court now in Citizens United vs. Federal elections Commission. http://www.opensecrets.org/news/2009/09/supreme-court-poised-to-overha.html
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shonangreg
Sep 18, 09 7:39 PM CDT
And here is a link with Steven Colbert giving his easy-to-understand summary of the case: http://www.blueoregon.com/2009/09/stephen-colbert-explains-the-big-campaign-finance-case-before-the-supreme-court.html ---AND--- http://www.colbertnation.com/the-colbert-report-videos/249057/september-15-2009/citizens-united-v--federal-election-commission---jeffrey-toobin
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-1
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IndependentThinker
Sep 18, 09 5:30 PM CDT
And Christan...
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federal courts • US Appeals court • FEC • nonprofit • soft money • political donations • Emily's List • advocacy • Federal Court of Appeal • Brett Kavanaugh

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