United States DC Circuit

A Federal Election Commission regulation requiring public release of investigatory file materials not exempted by the Freedom of Information Act, though not contrary to the Federal Election Campaign Act, is impermissible as it fails to account for substantial First Amendment interests in releasing political groups' strategic documents.

Appellate Information

• Argued 03/14/2003
• Decided 06/20/2003
• Published 06/20/2003

Judges

• Before:  SENTELLE, HENDERSON and TATEL, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• David B. Kolker, Attorney, Federal Election Commission, argued the cause for appellant.   With him on the briefs was Richard B. Bader, Associate General Counsel., Trevor Potter, Lisa J. Danetz and Lawrence M. Noble were on the brief for amicus curiae Campaign and Media Legal Center, et al. in support of appellant.


• For Appellees:
  
• Laurence E. Gold argued the cause for appellees.   With him on the brief were Joseph E. Sandler and Michael B. Trister., James Bopp, Jr. and Raeanna S. Moore were on the brief for amicus curiae James Madison Center for Free Speech in support of appellees.