Laptop Battery A federal appeals court ruled yesterday that governments can restrict the amount of money candidates spend on elections, a major shift from past Supreme Court rulings that limits on campaign expenditures violate the First Amendment.
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Thinkpad A majority of a three-judge panel on the 2nd Circuit Court of Appeals decided that a 1997 Vermont law restricting spending on a sliding scale from $300,000 in races for governor down to $2,000 for the state House is constitutional.
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Microsoft "Absent expenditure limitations, the fundraising practices in Vermont will continue to impair the accessibility which is essential to any democratic political system. The race for campaign funds has compelled public officials to give preferred access to contributors, selling their time in order to raise campaign funds," Circuit Judge Chester J. Straub wrote in the majority opinion.
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Laptop Computers Straub contended that the ruling does not conflict with Buckley v. Valeo, the 1976 Supreme Court decision barring expenditure limits. Instead, he argued that Vermont lawmakers had demonstrated the dangers of denying public access to politicians and shown the corrupting effects of fundraising to justify campaign spending limits.
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Laptop Computer The opinion was immediately hailed by proponents of campaign spending restrictions who said the 2nd Circuit has, for the first time, made possible the enactment of expenditure limits. "This ruling opens the door for similar caps on campaign spending at the federal level and in states across the country," said the National Voting Rights Institute, which represented supporters of the Vermont law.
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Desktop Computer Paul Burns of the Vermont Public Interest Research Group said the ruling represents a major reversal of judicial rulings barring expenditure limits. "It's the equivalent of a court declaring that the emperor has no clothes," Burns said. "Everyone instinctively knows that money corrupts the political process, but now that the 2nd Circuit has said it, I expect we'll see shock waves across the country."
Notebooks Opponents of campaign finance regulation were outraged. "It's the most unprecedented assault on core First Amendment values of any decision I know of," said James Bopp, general counsel to the James Madison Center for Free Speech. "If a candidate can't spend what he can lawfully raise to advocate his own election, we have no freedom in elections other than what the government gives us."
Lenovo In a 108-page dissent, Circuit Judge Ralph K. Winter wrote that the Vermont law would "limit political speech, including editorializing speech by the press, for no permissible purpose, and entrust those who enforce the law with unfettered and unconstitutional discretion to determine what acts of political advocacy are permitted and prohibited."
Hard Drive Winters wrote that the Vermont law and the majority opinion supporting it are classic examples of the dangerous results that can flow from good-intentioned legislators and judges.
Travelstar In the Buckley decision, the court held that laws restricting the size of contributions are constitutional because contributions are potentially corrupting and the money is used to pay for the free speech of candidates, not the contributor. Conversely, the court in Buckley protected expenditures from restriction on the grounds that campaign spending is an essential tool for candidates to make their views known.
Gateway In the Vermont case, the 2nd Circuit majority opinion said it is not necessary to overturn Buckley to find the Vermont expenditure limitations constitutional.
Laptop Parts Instead, according to the opinion, the Vermont governor and legislature "were correct in finding a compelling governmental interest for expenditure limitations."
Software Current law provides for expenditure limits in presidential primaries and the presidential general election for candidates who accept taxpayer-financed subsidies. In both those circumstances, candidates could choose to avoid the limits by rejecting public financing. President Bush did so during the 2000 primaries.
Hard Drives The decision can be reviewed by the full 2nd Circuit and, after that, by the Supreme Court. If upheld -- and if the Supreme Court declines to review the decision -- it would become law in several northeastern states that fall under the 2nd Circuit's jurisdiction.
Electronics By Thomas B. Edsall
Washington Post - 8/8/2002
Topic: Campaign Finance Reform
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