On February 26, the 9th circuit reversed a lower court, and said it is not reasonable for Montana Campaign Finance enforcement agencies to try to force a particular church to register as an Ïncidental Political Committee, and then to begin disclosing information about its finances. In 2004 the church had heard a speaker who advocated support for a ballot initiative to ban same-sex marriage. Also, the church had let its photocopy machine be used to make fliers about the event, and about the church’s position. However, the person who made the copies furnished the paper herself.

The 9th circuit didn’t hold the Montana campaign finance law unconstitutional. The Court just said that de minimis activities cannot be used to trigger the Campaign Finance reporting requirements. Canyon Ferry Road Baptist Church of East Helena v Unsworth, 06-35883. Thanks to Rick Hasen for this news.