National Association for Gun Rights v. Mangan

admin Constitutional Law, Election Law, U. S. Supreme Court

Today we filed an amicus brief in the U.S. Supreme Court supporting a petition for certiorari designed to challenge a 2015 Montana State election law.  The law regulated “electioneering communications” — borrowing a term which Congress had employed in the Bipartisan Campaign Reform Act of 2002 to require reporting of a narrow category of broadcast advertisements mentioning a candidate, which are made shortly before an election.  However, Montana legislators chose to infuse that term with such extraordinary breadth that it applies to virtually any type of communication whatsoever to more than 100 persons, which even mentions a Montana elected official seeking re-election, and which are made during six months of every election year.  Under the Montana definition, virtually any criticism of state officeholders seeking re-election is at least heavily regulated, if not suppressed.  The definition covers pure issue advocacy — seeking to protect incumbent office holders from criticism.  Our brief particularly addresses the constitutional rights of assembly, petition and press.

Link to brief