District Court Rules Restrictions On North Carolina Nonprofit Unconstitutional

A federal district court ruled that a North Carolina law requiring any association of two or more people to be a PAC and therefore subject to reporting requirements of its communications, to be unconstitutional. The case, involving North Carolina Right to Life (North Carolina Right to Life, Inc. et al. v. Leake) came before the Supreme Court in 2004 but was sent back to the lower courts. The Supreme Court instructed the district court to take into account the ruling in McConnell v. FEC. The McConnell ruling found that "express advocacy" for or against candidates was not a requirement for campaign finance regulation. The press release from the North Carolina Right to Life attorney James Bopp, the same attorney for Wisconsin Right to Life, states; North Carolina Right to Life has won the right to make communications to the general public discussing state office candidates' positions and record on issues without being forced to shoulder the burdens of forming and maintaining a political action committee. The state law which requires groups to report based on how the general public may understand the "essential nature" of its communications considering contextual factors, in the new ruling was deemed "vague, chilling would-be speakers who cannot know how a hearer might perceive their message. Judge Boyle also ruled that the statute 'sweeps in speech that is unquestionably protected by the First Amendment as pure issue advocacy,' a move 'that cannot possibly combat electoral corruption."
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