Summary

The Buckeye Institute joined State Policy Network (SPN) in a legal battle at the United States Supreme Court to keep non-profit donors off a government list.

The federal government is attempting to compel Independence Institute in Colorado to produce its donor list. The government claims that because Independence Institute ran an ad that referenced candidates within 60 days of the election, the Bipartisan Campaign Reform Act (BCRA) requires Independence Institute to disclose its donors. The ad did not endorse or oppose either candidate.

Donor disclosure requirements chill speech and association in violation of the First Amendment. Donors are less likely to give support to organizations if they know those records may become public for fear of retaliation or harassment.

The District Court for the District of Columbia sided with the federal government in this case. The Buckeye Institute is supporting Independence Institute’s appeal to the United States Supreme Court.

Click here to download the brief: Independence Institute v. Federal Election Commission

UPDATE: February 27, 2017, cert was denied by the Supreme Court of the United States.