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Mar 21, 2008 -- Legal Center Weekly Report: March 21, 2008 Decision in Connecticut Public Financing Case
On March 20, 2008, the U.S. District Court of the District of Connecticut dismissed in part plaintiffs' challenge to Connecticut's recently-enacted public financing law in the consolidated cases, Green Party of Connecticut v. Garfield and Association of CT Lobbyists v. Garfield. The court declined to dismiss the plaintiffs' equal protection claim relating to the differential treatment of major and minor party candidates in the public financing program. The court did, however, dismiss plaintiffs' First Amendment challenge to the law's "trigger provisions" that provide additional public funds to participating candidates when the expenditures of non-participating candidates or independent spenders exceed established trigger points.
This decision did not address the parties' summary judgment motions on the claims relating to the law's restrictions on campaign contributions from lobbyists and state contractors, which are still pending.
The Legal Center serves as co-counsel for the intervening defendants, Connecticut Citizen Action Group and Common Cause of Connecticut, and candidates for state office, with the Brennan Center, Democracy 21, Donald J. Simon of Sonosky, Chambers, Sachse, Endreson & Perry, and the law firms, WilmerHale and Hogan & Hartson, L.L.P.
Hearing Date Set in SpeechNow.org v. FEC
Judge James Robertson of the U.S. District Court for the District of Columbia will hear plaintiffs' motion for a preliminary injunction in SpeechNow.org v. FEC on April 11, 2008. The case concerns an as-applied challenge to the contribution limits and disclosure requirements imposed on so-called "independent political committees" by the Federal Election Campaign Act.
The Legal Center and Democracy 21 submitted an amici brief on March 5, 2008 to defend the contribution limits and to urge the court to deny SpeechNow.org's motion for preliminary injunction. Amici argue that the challenged contribution limits represent but a marginal burden on First Amendment rights, and are justified by the state interest in preventing corruption and averting circumvention of federal campaign finance laws and regulations.
Legal Center Praises Free Candidate Airtime from Granite Broadcasting
On March 20, the Campaign Legal Center and other members of the Public Interest Public Airwaves Coalition (PIPAC) issued a statement commending Granite Broadcasting for its continued commitment to provide free airtime to candidates for public office during an election year. Participating stations will once again make their production facilities available to local, state, and federal candidates in the six weeks leading up to the 2008 elections. This service will be available to all qualified candidates free-of-charge as a public service to involve the local communities in the upcoming elections.
PIPAC continues to address the importance of broadcasters' service to the public and to push the Federal Communications Commission to create and uphold stronger regulations governing public interest obligations.
Legal Center Blog Highlights
Each week, the Campaign Legal Center staff posts blog entries on its site, www.clcblog.org. Click to read this week's entries: "50% Rule Gets Its Day in the High Court," or to sign up for the blog, click here.
To read a variety of this week's editorials and articles on a variety of Campaign Legal Center issues, please click here. |
