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440 FEDERAL ELECTION COMM'N v. COLORADO REPUBLICAN FEDERAL CAMPAIGN COMM. Opinion of the Court other than parties, the congressional campaign expenditure limitations on parties themselves are facially unconstitutional, and so are incapable of reaching party spending even when coordinated with a candidate. Id., at 623-626.4 We remanded that facial challenge, which had not been fully briefed or considered below. Ibid. On remand the District Court held for the Party, 41 F. Supp. 2d 1197 (1999), and a divided panel of the Court of Appeals for the Tenth Circuit affirmed, 213 F. 3d 1221 (2000). 5 We granted certiorari to resolve the question left open by Colorado I, see 531 U. S. 923 (2000), and we now reverse. II Spending for political ends and contributing to political candidates both fall within the First Amendment's protection of speech and political association. Buckley, 424 U. S., at 14-23. But ever since we first reviewed the 1971 Act, we have understood that limits on political expenditures deserve closer scrutiny than restrictions on political contributions. Ibid.; see also, e. g., Shrink Missouri, 528 U. S., at 386-388; Colorado I, supra, at 610, 614-615; Massachusetts Citizens for Life, supra, at 259-260. Restraints on expenditures generally curb more expressive and associational activity than limits on contributions do. Shrink Missouri,supra, at 386-388; Colorado I, supra,at 615; Buckley, supra, at 19-23. A further reason for the distinction is that limits on contribu4The limits applicable to Presidential campaigns were not at issue in Colorado I, 518 U. S. 604, 610-611 (1996), and are not at issue here, Brief for Respondent 49, n. 30. ' Along with its constitutional claim, the Party argued to the District Court that the Party Expenditure Provision's application to independent expenditures was not severable from the other possible applications of the provision, a nonconstitutional basis for resolving the case that the Colorado I principal opinion suggested should be explored on remand. Colorado I, supra, at 625-626. The District Court rejected the nonseverability argument, 41 F. Supp. 2d, at 1207, and the Party did not renew it on appeal, 213 F. 3d, at 1225, n. 3.

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Federal Election Committee v. Colorado Republican Federal Campaign Committee

Judgment

Question Presented: Whether FECA's limits on a political party's coordinated expenditures — spending made by a party in cooperation, consultation, or concert with a candidate — are constitutional under the First Amendment as a means of preventing circumvention of the base contribution limits. Specifically, whether a party's coordinated expenditures, which function like contributions to the candidate, may be restricted to prevent donors from funneling large contributions through a party to a candidate.

Alleged Acts: On remand from Colorado I (1996), the case returned to the lower courts to address the question the Supreme Court had left open: whether FECA's Party Expenditure Provision could constitutionally limit in-fact coordinated expenditures — i.e., party spending that was actually coordinated with a candidate's campaign. The FEC sought to uphold the limits as a means of preventing circumvention of the base contribution limits: without limits on party coordinated expenditures, a donor could give large contributions to a political party, which the party could then spend in coordination with a candidate, effectively bypassing the limits on direct contributions to that candidate.

Procedural history: The district court granted summary judgment to the Colorado Party, holding the Party Expenditure Provision unconstitutional because the FEC "failed to offer relevant, admissible evidence which suggests that coordinated party expenditures must be limited to prevent corruption or the appearance thereof." The Tenth Circuit affirmed, holding that the FEC had not demonstrated that coordinated spending by political parties corrupts, or creates the appearance of corrupting, the electoral process, and that the limits constituted an "unnecessary abridgment" of First Amendment freedoms. The Tenth Circuit affirmed, holding that the FEC had not demonstrated that coordinated spending by political parties corrupts, or creates the appearance of corrupting, the electoral process, and that the limits constituted an "unnecessary abridgment" of First Amendment freedoms.

Summary: Colorado II (2001) held that a political party's coordinated expenditures — spending made in cooperation with a candidate — may be constitutionally limited to prevent circumvention of the base contribution limits. The Court applied a deferential standard of review and reasoned that coordinated expenditures are functionally equivalent to direct contributions. This decision was later overruled by the Supreme Court in National Republican Senatorial Committee v. FEC, 609 U.S. ___ (2026), which held that FECA's political-party coordinated-expenditure limits violate the First Amendment because the combination of base contribution limits, earmarking rules, and disclosure requirements sufficiently serves the anti-circumvention interest without the need for the additional speech-restrictive limits. The Court in NRSC v. FEC adopted the reasoning of Justice Thomas's Colorado II dissent, which had argued that earmarking rules were a more "precise response" to circumvention concerns and that the limits broadly restricted political party speech.

Conclusion: In a 5–4 decision, the Supreme Court reversed the Tenth Circuit and upheld the constitutionality of FECA's limits on political-party coordinated expenditures. The Court held that a party's coordinated expenditures, unlike truly independent expenditures, may be constitutionally restricted to minimize circumvention of contribution limits. The Court reasoned that coordinated expenditures are "virtually indistinguishable" from direct contributions to a candidate, because when a party coordinates its spending with a candidate, the expenditure is "as useful to the candidate as cash." The Court held that the government's interest in preventing circumvention of the base contribution limits was a sufficient justification for the coordinated-expenditure limits. Without such limits, donors could give large contributions to a party that would then be spent in coordination with a candidate, effectively bypassing the contribution limits. The Court noted that "parties' capacity to concentrate power to elect is the very capacity that apparently opens them to exploitation as channels for circumventing contribution and coordinated spending limits binding on other political players."

Legal Issue(s)

Campaign Finance

Applicable Law(s): Federal Election Campaign Act of 1971 and First Amendment of the United States Constitution

Region: Americas

Country: United States of America

Language of Decision

English

Court: Supreme Court

Election Type: General

Date of decision: Jun 25, 2001

Geolocation

Latitude: 38.890591

Longitude: -77.004745

: Geolocation

Link: https://tile.loc.gov/storage-services/service/ll/usrep/usrep533/usrep533431/usrep533431.pdf

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Federal Election Committee v. Colorado Republican Federal Campaign Committee.pdf
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Federal Election Committee v. Colorado Republican Federal Campaign Committee

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