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Search results: "Kathleen Imbriglia"

Fighting for the First Amendment in Campaigns: Free Speech in Wyoming

by Kathleen Imbriglia

The regulation of campaigns is controversial, weighing the interests to prevent corruption and promote disclosure while protecting the First Amendment’s fundamental right to free speech. Such tension is exemplified by the ongoing suit, Free Speech v. Federal Election Commission, filed in the Tenth Circuit Court of Appeals by the Wyoming-based organization, Free Speech. Free Speech first filed a suit in June arguing their advertisements are considered “issue advertisements” and that they should not be subject to the ambiguous reach of the U.S. federal regulation, 11 C.F.R. § 100.22(b). However, on October 3, 2012, Federal District Judge Skavdahl upheld the regulation, deeming it to not be overly vague or uncertain on the grounds that it is consistent with the functional equivalence test. In response, Free Speech filed a motion for emergency injunction so as to allow Free Speech’s campaign advertisements to run prior to the 2012 federal election. The Tenth Circuit Court of Appeals denied the motion and the case is currently awaiting appeal. Continue reading

Free Speech: Wyoming organization attacks vague FEC regulations

by Kathleen Imbriglia

The First Amendment  guarantees freedom of speech and is a hallmark of the United States Constitution. It is one Americans deeply revere and protect, attacking those attempting to abridge this right. The Federal Election Commission has been aggressively defending its regulations and case-by-case analysis determination of which groups must register as Political Action Committees (PACs). In a recent case, Free Speech v. Federal Election Committee, decided on October 3, 2012, Federal District Court of Wyoming Judge Scott Skavdahl upheld the Federal Election Committee’s regulations concerning disclosure and registration as a Political Action Committee (PAC). In denying the Wyoming-based organization, Free Speech, a preliminary injunction to continue running their advertisements, Judge Skavdahl upholds precedent regarding the validity of the Commission’s regulations, finding the definition of 11 C.F.R. § 100.22(b) is not overly vague or uncertain. Continue reading

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