June 26, 2006 11:56AM 

# Some Good News from the Court for a Change 

By [John Samples](https://www.cato.org/people/john-samples) 

---

<a class="js-popover-trigger cursor-pointer popover-trigger" data-bs-placement="bottom" data-bs-trigger="click" id="popover-trigger"> 

SHARE 

</a> 

The U.S. Supreme Court this morning [struck down](http://www.supremecourtus.gov/opinions/05pdf/04-1528.pdf) a set of restrictions on campaign finance enacted by Vermont. Six members of the court believed Vermont’s spending limits and extremely low contribution limits violated the First Amendment.

The six justices agreed that the Vermont law was invalid. But they disagreed about quite a bit, too. Justices Breyer, Roberts and Alito focused on the shortcomings of the Vermont law. Breyer and Roberts also rejected Vermont’s demand that *Buckley v. Valeo* be overturned. Justices Thomas and Scalia concurred in the opinion but rightly called for overturning *Buckley* in order to offer better protections for political speech. Justice Kennedy rightly expressed dismay with the Court’s recent campaign finance jurisprudence. In the larger picture, he seems closer to Thomas and Scalia than the other three in the majority.

This ruling was expected, but nonetheless good news. The majority opinion shows that we now have a majority of the court who recognize *some* limits on the power of the state over political speech. After *McConnell v. FEC*, it was far from clear than the judiciary would draw any lines limiting state restrictions on speech.

Still, this is hardly a robust affirmation of the First Amendment, and it is somewhat discouraging that the new justices, Roberts and Alito, were unwilling to overturn past errors by earlier majorities on the Court.

##### Related Tags 

[General](https://www.cato.org/general), [Government and Politics](https://www.cato.org/government-politics), [Constitutional Law](https://www.cato.org/constitutional-law), [Robert A. Levy Center for Constitutional Studies](https://www.cato.org/robert-levy-center-constitutional-studies) 

[![Creative Commons License](/build/cato_2020/images/creative-commons.svg)](http://creativecommons.org/licenses/by-nc-sa/4.0/) 
This work is licensed under a [Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License](https://creativecommons.org/licenses/by-nc-sa/4.0/).