Pursuing America's Greatness v. FEC, No. 15-5264 (D.C. Cir. 2016)Annotate this Case
PAG sought a preliminary injunction against FEC's rule prohibiting unauthorized political committees, like PAG, from using candidates’ names in the titles of their websites and social media pages. The district court denied PAG's motion. The court concluded that PAG is entitled to a preliminary injunction because there is a substantial likelihood that, as applied to PAG, the FEC’s naming restrictions in 11 C.F.R. 102.14(a) violate the First Amendment. In this case, the restriction, as applied to PAG, is a content-based ban on speech that likely violates the First Amendment. Accordingly, the court reversed the district court’s denial of PAG’s motion for a preliminary injunction and remanded for the district court to enter a preliminary injunction enjoining the application of section 102.14(a) against PAG’s websites and social media pages.