31
voices of citizens and groups who participate in the political
process. Large donations to and spending by non-profits
prompted these regulations, and limiting non-profits’
expenditures is their intended and predictable effect.
But the Supreme Court’s First Amendment cases have
repeatedly repudiated this equalization rationale as a basis for
regulating campaign-related contributions or expenditures.
See Davis, 128 S. Ct. at 2773; Buckley, 424 U.S. at 48-49.
Under current law, therefore, these regulations are
unsupportable. The concern with “large individual donations
to the 527s is that they permit a tiny group of Americans – the
wealthiest . . . – to play an enormous role in the electoral
process . . . . Buckley, however, rejected the protection of
political equality as a basis for limiting the role of money in
election campaigns.” Briffault, 73 GEO. WASH. L. REV. at
954 (internal quotation marks omitted).
As a lower court, we must strictly adhere to the Supreme
Court’s precedents. The regulations contravene the First
Amendment as it has been interpreted thus far by the Supreme
Court.16
C
As some commentators point out, it might seem
incongruous to permit non-profits to receive and spend large
soft-money donations when political parties and candidates
cannot. See Samuel Issacharoff & Pamela S. Karlan, The
Hydraulics of Campaign Finance Reform, 77 TEX. L. REV.
16
This case does not involve reporting and disclosure
obligations. The Government has a freer hand in imposing
reporting and disclosure requirements than it does in limiting
contributions and expenditures. See McConnell v. FEC, 540 U.S.
93, 121-22 (2003); Buckley, 424 U.S. at 64-68.