28
NATIONAL REPUBLICAN SENATORIAL COMMITTEE v.
FEDERAL ELECTION COMM’N
Opinion of the Court
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The intervenors proclaim that the “Framers were
famously suspicious of parties.” Brief for IntervenorRespondents 28.
But the Framers were even more
famously suspicious of government suppression of political
speech.
Recall again the words of the First Amendment:
“Congress shall make no law . . . abridging the freedom of
speech.” The Constitution’s text matters. Contrary to that
text,
the
political-party
coordinated-expenditure
limitations directly abridge the freedom of speech of
political parties.
History also matters. For nearly 200 years after the
ratification of the First Amendment, parties could spend on
campaigns in coordination with candidates. Parties and
candidates could work cooperatively toward their common
goal of advancing policies and winning elections to
implement those policies. Again, no one suggests “that
these elections were not functional or that they were
marred by corruption.” Federal Election Comm’n v.
Colorado Republican Federal Campaign Comm., 533 U. S.
431, 473 (2001) (Colorado II) (THOMAS, J., dissenting)
(quotation marks and citation omitted).
So too, precedent matters. This Court’s more recent
decisions in cases such as McCutcheon and Cruz (as distinct
from Colorado II) demonstrate that the First Amendment
proscribes disproportionate regulations such as FECA’s
limits on political-party coordinated expenditures. See
McCutcheon v. Federal Election Comm’n, 572 U. S. 185, 218
(2014); Federal Election Comm’n v. Ted Cruz for Senate, 596
U. S. 289, 306–307 (2022).
In short, constitutional text, history, and precedent
establish that the political-party coordinated-expenditure
limits violate the First Amendment.
Importantly, by holding FECA’s political-party
coordinated-expenditure restrictions unconstitutional, the
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