Jones v. Jegley

The Institute for Free Speech’s amicus brief asks a federal court to allow an Arkansas citizen to make campaign contributions within legal limits. Arkansas resident Peggy Jones is challenging an unusual blackout period in state law that prohibits contributions more than two years before a candidate’s next election. But the state seeks to have her case dismissed because she has not been prosecuted for violating the law.

“The State is incorrect in asserting that the only way to show a reasonable fear of prosecution is to have an actual prosecution,” reads the Institute’s brief. “As the authorities above demonstrate, one need not await prosecution to challenge a statute imposing liability… Ms. Jones need not allege that she is in fact harmed; she must allege harm in the form of curtailed expressive activity due to the statute’s existence. Here she has plainly done so.”

Read the full amicus brief here.