First Amendment topicsAbout the First Amendment
News Story
 
print this   Print

High court rejects Vt. campaign-finance limits

By The Associated Press
06.26.06

WASHINGTON — The Supreme Court ruled today that Vermont's limits on contributions and spending in political campaigns are too low and improperly hinder the ability of candidates to raise money and speak to voters.

In a fractured set of opinions, justices said they were not sweeping aside 30 years of election-finance precedent but rather finding only that Vermont's law — the strictest in the nation — sets limits that unconstitutionally hamstring candidates.

The majority took issue with Vermont legislators for "constraining speech" by telling candidates and voters how much campaigning was enough.

President Bush's two appointees to the Court — Chief Justice John Roberts and Justice Samuel Alito — sided with the majority in overturning Vermont's law.

In one of six separate opinions, Justice Stephen Breyer said a majority of justices found Vermont's limitations on contributions and spending unconstitutional.

"That is to say, they impose burdens upon First Amendment interests that (when viewed in light of the statute's legitimate objectives) are disproportionately severe," Breyer wrote.

In 1997, Vermont passed its campaign-finance law, placing a $300,000 spending cap on gubernatorial candidates and lesser limits for other state political contests. Contributions to state campaigns were limited to as little as $200 per election cycle for state House races.

Several justices wanted to overturn the 1976 high court ruling Buckley v. Valeo but for different reasons.

Justices Anthony M. Kennedy, Clarence Thomas and Antonin Scalia have long wanted to overturn the case that they blame for much of the confusion in campaign-finance rules nationally.

But Justice John Paul Stevens said the 1976 ruling needs to be revisited because it did not deal squarely with the constitutionality of expenditure limits in campaigns.

Buckley made a distinction between limiting contributions and curtailing spending. The Court in that case said contributions to candidates' campaigns could be capped without infringing freedom of speech but that spending could not be limited because it could improperly reduce discussion of key issues.

Three lawsuits were filed challenging Vermont's limits by groups that included the Vermont Right to Life Committee, the Vermont Libertarian Party and the Vermont Republican State Committee.

Advocates for the Vermont law, considered one of the nation's strictest, argued that big-money contributors and unlimited campaign spending corrupt the political process.

Critics, however, said the limits on contributions and spending benefit incumbents. But Vermont's lawyers disagreed, saying the law allowed challengers to spend slightly more than incumbents.

During arguments in February, Vermont's attorney general, William Sorrell, said the limits helped politicians focus on campaign issues and their legislative duties rather than on raising large amounts of money.

The cases are Randall v. Sorrell, 04-1528, Vermont Republican State Committee v. Sorrell, 04-1530, and Sorrell v. Randall, 04-1697.


Previous
Supreme Court wrestles with Vt. limits on campaign spending
'You're constraining speech. ... That's very unusual,' Justice Antonin Scalia says during oral arguments. 02.28.06

Related

Quick look at Randall v. Sorrell

Supreme Court majority faults Vermont for 'constraining speech' by telling candidates how much campaigning is enough. 06.26.06

Vt. law's critics hail, supporters lament high court ruling

Sampling of reaction quotes from both sides of campaign-finance issues in Randall v. Sorrell. 06.27.06

Vt. governor vetoes campaign-finance bill
Gov. Jim Douglas says he opposed provision limiting amounts political parties can donate to campaigns; House speaker calls move 'outrageous,' vows override attempt. 04.08.08

Vt. lawmakers fail to override campaign-finance veto
For second year in row, state House falls one vote shy of two-thirds majority needed to resurrect bill that would have set new limits on political contributions. 04.28.08

6 First Amendment cases on fall docket
By Tony Mauro Topics involve campus military recruiting, hallucinogenic tea, public-employee speech, abortion protests. 09.26.05

High court leans toward rejecting Vt. campaign-finance law
By Tony Mauro Justices appear to weigh current contribution, spending limits against 30-year-old ruling. 03.01.06

Despite splintered decision, Buckley tree still stands
By Tony Mauro Justices could have used Vermont case of Randall v. Sorrell to chop down 30-year-old campaign-finance precedent. 06.27.06

Conservative justices carry free-speech banner in Randall
By Douglas Lee In campaign-finance case, Clarence Thomas again makes powerful First Amendment argument but fails to topple Buckley. 07.11.06

2005-06 Supreme Court case tracker

Campaign finance overview


News summary page
View the latest news stories throughout the First Amendment Center Online.



Last system update: Saturday, November 21, 2009 | 05:49:30
 SEARCH  MORE
About this site
About the First Amendment
About the First Amendment Center
How to contribute
Video/RSS/podcasts
First Amendment programs
State of the First Amendment
reports

Religious liberty in public schools
First Reports
Supreme Court
Columnists
Experts
First Amendment publications
First Amendment Center history
Glossary
Freedom Sings™
Events
First Amendment
Schools

Congressional Research Service reports
Guest editorials
FOI material
The First Amendment
Library

Lesson plans
freedomforum.org
Newseum
Contact us
Privacy statement
Related links