Freedom of Speech Part 4

Question 1

Freedom of Association

Answer 1

• technically not mentioned in Con, but implied
• gov may neither prohibit politically unpopular groups nor unduly burden a person’s right to belong to such groups
  -> strict scrutiny applies if the right is substantially burdened by a content-based reg
  -> intermediate scrutiny if incidentally burdened by content-neutral reg

Question 2

Electoral Process

Answer 2

• laws regulating elections might impact 1st Am rights
• court uses balancing test to determine whether regulation of the electoral process is valid
• if restriction on 1st Am activity is severe, must be narrowly tailored to achieve a compelling interest, but if reasonable + nondiscriminatory, it generally will be upheld

Question 3

Elections - Limits on Contributions

Answer 3

• statute limiting election campaign contributions is subject to intermediate scrutiny
  -> must be closely drawn to match a sufficiently important interest
• to prevent corruption or appearance of it, laws can limit amount of $ that a person, group, or corporation can contribute to a political candidate
• BUT gov CAN’T limit amount of $ that may be spent to support or oppose a ballot referendum

Question 4

Election Spending - Aggregate Contribution limits

Answer 4

• unconstitutional
• gov can’t limit aggregate amount one person or entity contributes to political candidates or committees during an election, even though can limit amount given to a single candidate
• considered to violate 1st Am b/c don’t further gov interest in preventing quid pro quo corruption + seriously restrict participation in democratic process

Question 5

Elections - Limits on Expenditures

Answer 5

• laws can’t limit amount a candidate spends on a political campaign
• neither may gov limit $ a person spends to get a candidate elected, as long as expenditures not contributed directly to the candidate nor coordinated with those of the candidate
  -> expenditures must be independent of the candidate + not disguised contributions

Question 6

Regulations of Core Political Speech

Answer 6

• ex: electioneering, distributing campaign literature
• upheld only if satisfy strict scrutiny
• states may ban personal solicitation of campaign funds by judicial candidates (advances interest in preserving confidence in judiciary)
• ad concerning a political issue considered protected core political speech unless susceptible of no reasonable interpretation other than one as an appeal to vote for or against a particular candidate