Today Cato continues its celebration of the freedom of speech on day two of Free Speech Week. Throughout the week we will be celebrating freedom of speech by posting highlights from Cato’s recent work to support freedom of speech in its various forms, whether through legal advocacy, media appearances, or other public outreach.
Today’s highlight focuses on one of Cato’s recent efforts to promote free speech in the context of campaign finance. Campaign finance laws generally attempt to reduce “corruption” in politics (or achieve some other end goal of varying legal validity) by curtailing the First Amendment rights of those who attempt to participate in the electoral process by speaking out or contributing money to candidates or parties. Shawn McCutcheon is one of these people whose First Amendment rights are being curtailed by federal campaign finance laws, but not for any legally valid purpose. In addition to the limits on contributions to any individual candidate or political party per election, federal campaign finance law also places a cap on the overall amount that can be donated to all candidates and parties combined in any two-year period. Mr. McCutcheon has been waging a legal battle to vindicate his First Amendment right to support however many political candidates he pleases, so long as his contributions remain within the various individual limits. The case is now before the Supreme Court (oral arguments were last week) and stands to be one of the bigger First Amendment cases the Court hears this year.
Cato has supported Mr. McCutcheon’s fight by filing an amicus brief in the case and by spreading awareness of the issue. Our brief asserts the unworkability of the contribution-expenditure distinction that lets the government treat political contributions as less than fully-protected speech. The Supreme Court will announce its decision in the case later in the term.
To read Cato’s amicus brief in McCutcheon v. FEC click here.
For more information on Free Speech Week and to learn how you can help celebrate free speech, check out www.FreeSpeechWeek.org.