Federal Election Commission v. Harvey Furgatch

After this court rejected Furgatch’s statutory and constitutional defenses to the Federal Election Commission’s civil action against him, FEC v. Furgatch, 807 F.2d 857 (9th Cir.1987), the district court on remand granted summary judgment in favor of the Federal Election Commission (FEC). Furgatch appeals from the portion of the district court’s order assessing a civil penalty of $25,000 and permanently enjoining him from future similar violations of the Federal Election Campaign Act (FECA or the Act). We affirm in part, reverse in part, and remand.

I

Shortly before the 1980 presidential election, Furgatch placed full page advertisements in the New York Times (October 28, 1980) and the Boston Globe (November 1, 1980). The ads criticized President Carter and urged, “Don’t let him do it.” The two ads together cost Furgatch $25,008. The Times ad stated that it was not authorized or paid for by a candidate, but the Globe ad contained no such disclaimer. Furgatch did not report his expenditure on the ads to the FEC.

On March 25, 1983, the FEC filed a complaint against Furgatch, alleging that he had violated §§ 434(c) and 441d of the FECA. § 434(c)(2) states that “[a]ny independent…