Supreme Court - Freedom of Speech (Civil Rights)

Question 1

Buckley v Valeo (1976)

Answer 1

SC declared unconstitutional part of Federal Election Campaign Act (1974) that limited expenditure by Presidential candidates

Question 2

Consequence of Buckley v Valeo

Answer 2

Upheld FoS

Question 3

McConnell v Federal Election Commission (2003)

Answer 3

Banned soft money.
SC upheld provisions of the Bipartisan Campaign Reform Act that had banned use of ‘soft money’ for a particular candidate

Question 4

Consequence of McConnell v Federal Election Commission

Answer 4

Limited scope of FoS
Opponents had tried to argue that banning soft money had stifled free speech
Judicial restraint

Question 5

Citizens United v Federal Election Commission (2010)

Answer 5

SC court ruled that businesses corporations and labour unions have same rights of political free speech as individuals

Question 6

Consequence of Citizens United v Federal Election Commission

Answer 6

Extended scope of FoS

Decision overturned federal laws a previous court decisions

Question 7

McCutcheon v Federal Election Commission (2014)

Answer 7

SC struck down 1970s limit on total amount of money wealthy donors can contribute to candidates
- Upheld right to participate in electing political leaders

Question 8

Consequence of McCutcheon v Federal Election Commission (2014)

Answer 8

Upheld FoS

Question 9

What is liberals opinion on freedom of speech

Answer 9

Liberals don’t believe in big businesses having excess influence
Want to limit FoS