Major Court Cases Flashcards
What is Buckley v. Valeo (1976) ?
Draws a bright line of distinction between contributions and expenditures.
What is a contribution?
A contribution is given to someone else to spend.
What is an independent expenditure?
A political campaign communication that expressly advocates for the election or defeat of a clearly identified candidate that is not made in cooperation, consultation or concert with; or at the request or suggestion of a candidate, candidate’s authorized committee or political party.
What was the decision in Buckley v. Valeo (1976)?
Restricting contributions is not a restriction of speech (First Amendment) because it prevents corruption or the appearance of corruption.
Restricting expenditures is a restriction of speech.
Disclosure is the in the public interest and does not seriously restrict speech.
What is the backstory for Citizens United v. FEC (2010)?
Citizens United is a nonprofit advocacy group who created a full-length documentary, “Hillary: The Movie.”
What was the decision in Citizens United v. FEC (2010)
Defines corruption strictly in terms of quid pro quo corruption. Per this definition, the court sees no reason to restrict independent expenditures by corporations.
What is quid pro quo?
Money in exchange for something specific in return
Why does the court see no reason to restrict independent expenditures in Citizens United v. FEC (2010)?
Because these corporations are acting on the behalf of candidates without any indirect communication, there is no chance of quid pro quo corruption
What was the decision in Speechnow.org v. FEC (2010)?
Donations to a PAC that only makes independent expenditures carries no risk of quid pro quo corruptions. Thus, restrictions on contributions to these entities or independent expenditures by these entities do not serve a compelling state interest that merits restricting speech
What was the result of the decision in Speechnow.org v. FEC (2010)?
The creation of Super PACs
What was the decision in McCutcheon v. FEC (2014)?
Caps on aggregate contribution limits do nothing to serve an interest in preventing quid pro quo corruption, and as a result are struck down.
What is the Federal Election Committee (FEC)?
The Federal Election Commission is an independent agency of the United States government, whose purpose is to enforce campaign finance law in United States federal elections
When was the FEC established?
April 1975
