Institute for Free Speech supports FEC’s Agenda Document 23-21-A, ensuring respect for First Amendment rights in political activity investigations. FEC investigations, unlike others, regulate core constitutionally protected activity. The proposal ensures investigations don’t cramp “breathing space” necessary for First Amendment freedoms. The proposal vests investigation direction authority in Presidentially appointed, Senate-confirmed Commission members, as required by the Federal Election Campaign Act. The proposal also facilitates better resource allocation by considering an investigation plan at the reason to believe stage. The proposal won’t unduly delay enforcement matters and reflects respect for core First Amendment rights, statutory authority exercise by the Commission, and better resource allocation. Thus, the Institute strongly urges the Commission to adopt the proposal.
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