10 FEDERAL ELECTION COMM’N v. TED CRUZ FOR SENATE
Opinion of the Court
Corp. v. Cuno, 547 U. S. 332, 353, n. 5 (2006). Here, however, appellees seek to challenge the one Government action
that causes their harm: the FEC’s threatened enforcement
of the loan-repayment limitation, through its implementing
regulation. In doing so, they may raise constitutional
claims against Section 304, the statutory provision that,
through the agency’s regulation, is being enforced. Cf. Collins, 594 U. S., at ___–___ (slip op., at 18–19). Even on the
Government’s version of the facts, then, we are satisfied
that appellees have standing to challenge the threatened
enforcement of Section 304. And because they are challenging “the constitutionality of [a] provision of [BCRA],”
§403(a), jurisdiction was proper in the three-judge District
Court. We thus proceed to the merits.
III
A
The First Amendment “has its fullest and most urgent
application precisely to the conduct of campaigns for political office.” Monitor Patriot Co. v. Roy, 401 U. S. 265, 272
(1971). It safeguards the ability of a candidate to use personal funds to finance campaign speech, protecting his freedom “to speak without legislative limit on behalf of his own
candidacy.” Buckley, 424 U. S., at 54. This broad protection, we have explained, “reflects our profound national
commitment to the principle that debate on public issues
should be uninhibited, robust, and wide-open.” Id., at 14
(internal quotation marks omitted).
The Government seems to agree with appellees that the
loan-repayment limitation abridges First Amendment
rights, at least to some extent, see Brief for Appellant 27–
32, and we reach the same conclusion. This provision, by
design and effect, burdens candidates who wish to make expenditures on behalf of their own candidacy through personal loans. See 52 U. S. C. §30101(9)(A)(i) (defining “expenditure” to include loans); see also Buckley, 424 U. S., at