Colo. Republican Fed. Campaign Comm. v. Fec - 518 U.S. 604, 116 S. Ct. 2309 (1996)

Rule:

A political party's independent expression not only reflects its members' views about the philosophical and governmental matters that bind them together, it also seeks to convince others to join those members in a practical democratic task, the task of creating a government that voters can instruct and hold responsible for subsequent success or failure. The independent expression of a political party's views is "core" First Amendment, U.S. Const. amend. I, activity no less than is the independent expression of individuals, candidates, or other political committees.

Facts:

A provision of the Federal Election Campaign Act of 1971 (FECA) (2 USCS 441a(d)(3)) imposed a limitation upon party expenditures in a United States Senate campaign equal to the greater of $ 20,000 or "2 cents multiplied by the voting age population of the State," adjusted for inflation since 1974. The provision permitted a political party in Colorado in 1986 to spend about $ 103,000 in connection with a senatorial candidate's general election campaign. In April 1986, before the Colorado Republican Party had selected a senatorial candidate for the fall's election, that party's federal campaign committee bought radio advertisements attacking the likely Democratic candidate. The advertising campaign was developed by the state Republican Party independently and not pursuant to any general or particular understanding with a candidate. The Colorado Democratic Party, in an administrative complaint filed with the Federal Election Commission (FEC), claimed that the state Republican Party had previously assigned the $ 103,000 general election allotment to a national Republican campaign committee and thus had no permissible spending balance. The FEC filed suit in the United States District Court for the District of Colorado against the state Republican Party, in which suit it was alleged that the expenditure in question exceeded the dollar limits imposed by 441a(d)(3). The District Court, in entering summary judgment for the state Republican Party, interpreted 441a(d)(3) narrowly as covering only expenditures for advertising using express words of advocacy of election or defeat. The United States Court of Appeals for the Tenth Circuit, in reversing and remanding, concluded that the expenditure in question violated 441a(d)(3), and (2) 441a(d)(3) did not violate the state Republican Party's rights of free speech and association under the Federal Constitution's First Amendment. A writ of certiorari was granted. 

Issue:

Did the limitations provision of the Federal Election Campaign Act of 1971 cover the expenditures made by a political party independently? 

Answer:

No.

Conclusion:

The Supreme Court vacated the judgment of the court of appeals and remanded the case for further proceedings. The Court held that the First Amendment prohibited the application of the Federal Election Campaign Act of 1971's campaign contribution limitation provisions to expenditures that the political party made independently, without coordination with any candidate. According to the Court, since the constitution granted to individuals, candidates, and ordinary political committees the right to make unlimited independent expenditures, it cannot deny the same right to political parties.