First Amendment: campaign finance

Question 1

Campaign finance

Answer 1

The use of money to support a political campaign is political speech, and regulation of that money implicates the First Amendment.

Corporations have the same First Amendment right to speak as individuals.

Question 2

Regulation of campaign finance: campaign contributions

Answer 2

Campaign contributions can be regulated, provided that the limits are not unreasonably low.

By contrast, direct expenditures in support of a candidate, campaign, or political issue cannot be regulated.

Question 3

Regulation of campaign finance: independent expenditures

Answer 3

Independent expenditures cannot be regulated unless they take the form of a coordinated expenditure: a disguised contribution controlled by the campaign.

Question 4

Regulation of campaign finance: judicial scrutiny

Answer 4

Statutes limiting campaign contributions are subject to intermediate scrutiny: They must be “closely drawn” to correspond with a sufficiently important interest.

Question 5

Equalization

Answer 5

The Supreme Court has consistently rejected equalization of campaign resources as a valid rationale for restricting campaign expenditures.

Question 6

Regulation of campaign finance: ballot measures

Answer 6

Laws may limit contributions to individual candidates, but not to ballot measures.