The Institute for Free Speech filed an amicus brief in the U.S. Court of Appeals for the Sixth Circuit, advising the court to rehear Boone County Republican Party Executive Committee, et al. v. Wallace, et al. en banc.
The case involves a Kentucky law that prevents political parties from speaking for or against any ballot issues unless the parties form a separate political committee with separate funding raised specifically for that purpose. Last year, after initially obtaining an injunction from the Sixth Circuit, several local political parties used their general funds to create signs, mailers, and other campaign materials supporting two ballot issues in the general election.
But when revisiting the case after the election, a divided Sixth Circuit panel upheld that law under the First Amendment, issuing a 2-1 decision that will stifle the parties’ ability to speak to citizens about ballot measures in the future. The Institute’s amicus brief emphasizes how the panel’s decision threatens the First Amendment rights of not just political parties in Kentucky, but all kinds of organizations that the government may target for similar treatment.
To read the full amicus brief in Boone County Republican Party Executive Committee, et al. v. Wallace, et al., click here.