ABSTRACT

Campaign Finance and the First Amendment: Supreme Court Considers Constitutionality of Limits on Repayment of Candidate Loans [April 26, 2022]   [open pdf - 749KB]

From the Document: "Campaign finance is back before the Supreme Court. In 'Federal Election Commission (FEC) v. Ted Cruz for Senate' [hyperlink], the Court is faced with a challenge to a federal campaign finance law that establishes a $250,000 limit on the amount of post-election campaign contributions that may be used to repay a candidate for personal campaign loans made pre-election. Specifically, the Court is evaluating whether the appellees, Senator Rafael Edward 'Ted' Cruz and his campaign committee, Ted Cruz for Senate (Senator Cruz's principal campaign committee), have standing to challenge the limit and, if so, whether the limit violates the Free Speech Clause of the First Amendment [hyperlink]. In June 2021, a three-judge panel of the U.S. District Court for the District of Columbia invalidated the limit as unconstitutional under the First Amendment. If the Court adopts the reasoning of the district court, this case could affect the constitutionality of other current campaign finance laws and legislation going forward. This Legal Sidebar provides background on the law being challenged and an overview of the Supreme Court's framework for analyzing the constitutionality of campaign finance law, discusses the procedural history and lower court rulings in this case, outlines arguments made before the Court, and explores potential implications of this case for Congress."

Report Number:
CRS Legal Sidebar, LSB10734
Author:
Publisher:
Date:
2022-04-26
Copyright:
Public Domain
Retrieved From:
Congressional Research Service: https://crsreports.congress.gov/
Format:
pdf
Media Type:
application/pdf
URL:
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