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Aug/16

FEC PAC-naming Restriction Ruled Unconstitutional


The Federal Election Committee prohibits political committees that are not authorized by a candidate, to use that candidate’s name in the titles of their websites and social media pages. a PAC named Pursuing America’s Greatness, challenged the prohibition arguing that the name prohibition was unconstitutional, as it was a content-based restriction.

Held: As a content-based regulation, the prohibition did not consider whether more narrow means could be used to prevent voter confusion, such as disclaimers.

43(b)log notes that this argument possibly be applied to trademark infringement as well
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