The Success of SpeechNow

This morning the United States Supreme Court refused to consider the appeal in the case of SpeechNow.org v. Federal Election Commission. That’s a shame.

I have written before about the SpeechNow case. Here’s a brief summary of the issues. The judiciary has long held that individuals could spend as much as they wished on elections. The traditional rationale for restricting spending – preventing corruption of the political process – did not apply to spending by individuals. If that is true, the SpeechNow plaintiffs wondered why individuals joined in a group (and independent of the candidates and parties) should not have the same freedom from restrictions.

It turned out, thanks to Citizens United, that individuals did have that right to be free of limits on campaign spending as recognized by a federal court. That same court maintained, however, that the associated individuals still had to register with the Federal Election Commission as a “political committee.” The paperwork and related rules complicate and discourage participating in politics. By refusing to hear SpeechNow’s appeal, the Supreme Court has decided that these associations must register with the government before engaging in politics.

Nonetheless, the SpeechNow plaintiff deserve our thanks. They have gotten a lot more than “half a loaf” out of their effort. True, the government is still too involved in electoral speech, but the limits on political speech and association have been invalidated. That is a real achievement and more evidence that the long era of restrictions on campaign finance is drawing to a close.