On Tuesday the D.C. Circuit Court of Appeals is hearing arguments in Van Hollen v. FEC. Though little-known, this case is a critical part of the left’s campaign to silence political debate after the Supreme Court’s 2010 Citizens United decision that upheld campaign spending as protected speech. At stake again are no less than the First Amendment’s guarantees of free speech and free association.
The central figure is Rep. Chris Van Hollen (D., Md.), who argues that he has a right to participate “in elections untainted by expenditures from undisclosed sources.” He sued the Federal Election Commission in 2011, claiming that the agency infringed upon this right. In his lawsuit, he says that federal law requires nonprofits that fund “electioneering communications”—ads that advocate for a candidate’s election or defeat—to release a full list of supporters. Mr. Van Hollen asked the court to strike down an FEC regulation that prevents such disclosure.
Issued in 2007, the FEC rule requires nonprofits to disclose only donors who gave money for the specific purpose of funding electioneering communications. Those who funded, say, a new research program, didn’t need to be disclosed. The FEC intended to balance the public’s interest in political disclosure with the freedoms protected by the First Amendment. As such, there is disclosure for those who engaged in the electoral process, and privacy for those who didn’t.