ANOTHER Blow by the Courts Today to Campaign Finance Reform: Contribution Limits Struck Down [View All]

from the WaPo: http://www.washingtonpost.com/wp-dyn/content/article/2010/03/26/AR2010032602436_pf.html


Friday, March 26, 2010

Court strikes down campaign contribution limits

WASHINGTON (Reuters) - A U.S. appeals court struck down on Friday limits on individual contributions to independent political advocacy groups that want to spend money directly to support or oppose candidates for president and Congress.

The unanimous ruling by nine federal appellate judges held the limits violated constitutional free-speech rights under the First Amendment. The decision cited the Supreme Court's ruling in January in another campaign finance case.

The two rulings together are expected to unleash a flood of money ahead of the congressional elections in November and in other political campaigns such as the 2012 presidential contest.

___ Separately, a three-judge federal court rejected a legal challenge involving the Republican National Committee and upheld long-standing limits on contributions to political parties. The limits were part of the 2002 campaign-finance law.

read more: http://www.washingtonpost.com/wp-dyn/content/article/2010/03/26/AR2010032602436_pf.html


from The National Law Journal: http://legaltimes.typepad.com/blt/2010/03/dc-circuit-strikes-down-limits-on-donations-to-independent-political-groups-.html

D.C. Circuit Strikes Down Limits on Donations to Independent Political Groups

In the first major campaign finance decision since the U.S. Supreme Court tore down restrictions on corporate spending during elections, a federal appeals court ruled today that the government also could not limit donations to independent political groups.

The case, SpeechNow.org v. Federal Election Commission, was the first serious test of the justices’ ruling in Citizens United v. FEC. In that case, the high court found that bans on independent expenditures by corporations that did not coordinate with campaigns were unconstitutional. Today’s decision by the U.S. Court of Appeals for the D.C. Circuit essentially expanded the bounds of that ruling.

In an opinion written by Chief Judge David Sentelle, the unanimous en banc court found that because Citizens United held there was no corruption-fighting purpose in limiting independent spending, there was also no reason to cap the donations to groups that would be doing that spending.

read more: http://legaltimes.typepad.com/blt/2010/03/dc-circuit-strikes-down-limits-on-donations-to-independent-political-groups-.html