In Dinner Table Action v. Schneider, pending in the First Circuit, Maine is appealing a permanent injunction barring the enforcement of a ballot initiative passed in 2024 that would have capped contributions for independent expenditures at $5,000. The initiative, formulated and supported by the anti-super PAC group, Equal Citizens, was designed to challenge the case that “created” super PACs, SpeechNow.org v. FEC, a unanimous en banc D.C. Circuit decision, which held that no limits can be placed on contributions for independent expenditures, and has since been reaffirmed by several federal circuit courts. If the First Circuit were to remove the injunction, it would create a circuit split, and open up the possibility of revisiting SpeechNow.org v. FEC.The Dinner Table Action District Court also ruled that mandatory disclosure of donors starting at $0 unconstitutionally burdens Free Speech by not affording any possibility for anonymous speech. As such, this case sits at an interesting intersection between free speech and election law. Join us for a litigation update where we will discuss the developments to date in this case, its potential impacts, and where it may be headed. Featuring:
Charles Miller, Senior Attorney, Institute for Free Speech
(Moderator) Stephen R. Klein, Partner, Barr & Klein PLLC