It is constitutional to require trade associations and other lobbying organizations to publicize the names of member companies that support and guide their lobbying efforts, a federal appeals court has ruled.
The decision by the U.S. Court of Appeals for the District of Columbia Circuit rejects the National Association of Manufacturers’ (NAM) challenge to provisions of the Honest Leadership and Open Government Act. That act requires that associations such as NAM and other coalitions disclose member companies guiding their lobbying efforts.
NAM argued before the same court a year ago that the requirement was “so patchwork and virtually random” that it allows some participants in lobbying efforts to remain undisclosed, while others must be reported or face possible fines or jail time.
At the time, lawyers representing the U.S. Department of Justice and the Secretary of the Senate argued that the provision was not vague, and noted that Congress has given lobbying organizations guidance on the requirements.
The three-judge panel ruling on the case, which is titled NAM v. Taylor, noted that “nothing has transpired in the last half century to suggest that the national interest in public disclosure of lobbying information is any less vital than it was when the Supreme Court first considered the issue” back in 1954.
“We do not agree that organizations that are exercising their First Amendment rights to provide vital facts and viewpoints to Congress should be subjected to complicated, vague disclosure requirements that tend to discourage the sharing of information,” reads a statement from NAM’s deputy counsel and vice president for litigation, Quentin Riegel, who added that “public debate is not served by” the court’s decision.
NAM has not yet decided whether to appeal the ruling to the full appeals court or to the U.S. Supreme Court.
