
The United States Supreme Court has heard several cases regarding campaign finance laws. One of the most notable is Citizens United v. Federal Election Commission (FEC), a landmark case in which the Court ruled that laws restricting the political spending of corporations and unions violate the Free Speech Clause of the First Amendment. This decision sparked controversy, with critics arguing that it granted disproportionate political power to large corporations. Another significant case is Buckley v. Valeo, where the Court upheld the constitutionality of certain provisions of the Federal Election Campaign Act while striking down others as violations of the First Amendment. The Supreme Court has also taken up a Republican-led challenge to campaign finance restrictions in the case of National Republican Senatorial Committee v. Federal Election Commission, which could have major implications for US politics.
| Characteristics | Values |
|---|---|
| Case Name | Buckley v. Valeo |
| Landmark Case Involving | Constitutionality of the Federal Election Campaign Act of 1971 (FECA), as amended in 1974, and the Presidential Election Campaign Fund Act |
| Court Decision Date | January 30, 1976 |
| Court Decision | Upheld the constitutionality of certain provisions of the election law, including limitations on contributions to candidates for federal office, disclosure and record-keeping provisions, and public financing of Presidential elections |
| Unconstitutional Provisions | Limitations on expenditures by candidates and their committees (except for Presidential candidates who accept public funding), $1,000 limitation on independent expenditures |
| Appellants' Arguments | Congress may not finance particular political campaigns under the freedom of speech clause of the First Amendment; public funding provisions violated the Fifth Amendment's due process clause |
| Court Ruling on Appellants' Arguments | Inapplicable, finding that Subtitle H furthered political speech and did not violate the First Amendment |
| Recent Related Case | National Republican Senatorial Committee v. Federal Election Commission (2025), challenging federal limits on coordinated campaign expenditures |
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What You'll Learn

Citizens United v. FEC
The BCRA prohibits "electioneering communications" by incorporated entities, including broadcasts, cable, or satellite communications that mention a candidate within 60 days of a general election or 30 days of a primary election. In response to the FEC's dismissal of their initial complaint, Citizens United produced the documentary Celsius 41.11, which was critical of both Fahrenheit 9/11 and the 2004 Democratic presidential nominee, John Kerry.
Leading up to the 2008 elections, Citizens United sought to establish itself as a bona fide commercial filmmaker, producing several documentary films. During this time, they also sought to run television advertisements for their political documentary Hillary: The Movie, which was critical of Hillary Clinton. The FEC, however, held that showing these advertisements would violate the Federal Election Campaign Act, as Citizens United was not a bona fide commercial filmmaker.
Citizens United challenged the FEC's determination in court, arguing that the prohibition on corporate and union funding for "electioneering communications" was unconstitutional. They further contended that the commission's disclosure and disclaimer requirements were also unconstitutional, as per the Supreme Court decision in Federal Election Commission v. Wisconsin Right to Life, Inc. The district court, however, denied Citizens United's motion for a preliminary injunction, finding that the film was an item of express advocacy and thus not exempt from the ban on corporate funding of electioneering communications.
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Buckley v. Valeo
The plaintiffs argued that the legislation was unconstitutional on several grounds, including violations of the First and Fifth Amendment rights to freedom of expression and due process, respectively. Specifically, they challenged the limitations on expenditures by candidates and their committees, as well as certain disclosure and record-keeping provisions of the FECA.
The Supreme Court upheld the constitutionality of certain provisions of the election law, including the limitations on contributions to candidates for federal office, the disclosure and record-keeping provisions of the FECA, and the public financing of presidential elections. The Court found that these provisions were a "constitutionally acceptable accommodation" of Congress' interest in encouraging citizen participation in political campaigns while guarding against the potential corruption of large financial contributions.
However, the Court struck down other provisions of the FECA as unconstitutional. Notably, the Court ruled that the limitations on expenditures by candidates and their committees (except for presidential candidates who accept public funding) violated the First Amendment's protection of freedom of speech. The Court found that expenditure limits directly restrained the quantity of political speech, and therefore contravened the First Amendment. The Court also invalidated the $1,000 limitation on independent expenditures.
Additionally, the Court addressed the public funding provisions of the legislation. The appellants argued that these provisions violated the Fifth Amendment's due process clause by imposing eligibility requirements that were comparable to unconstitutionally burdensome ballot access laws. However, the Court ruled that Subtitle H of the Internal Revenue Code, which established public financing of presidential campaigns through a voluntary income tax checkoff, did not violate the First Amendment. The Court found that Subtitle H furthered political speech by facilitating and enlarging public discussion and participation in the electoral process.
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Federal Election Campaign Act of 1971
The Federal Election Campaign Act (FECA) of 1971 is the primary federal law in the United States regulating political campaign fundraising and spending. It was signed into law by President Richard Nixon on February 7, 1972. The Act was first introduced to the Senate Subcommittee on Communications of the Committee on Commerce on March 2, 1971, by Senator John Pastore.
The Federal Election Campaign Act of 1971 imposed restrictions on the amounts of monetary or other contributions that could be made to federal candidates and parties. It also mandated the disclosure of contributions and expenditures in campaigns for federal office. The Act introduced outright bans on certain corporate and union contributions, speech, and expenditures. FECA also placed limits on unreimbursed volunteer activities, including unreimbursed travel expenses and certain costs of organizing campaign functions.
The Act limited campaign expenditures for broadcast media, newspaper advertisements, and telephone calls to $0.10 per voter in the district they were running in, adjusted for inflation using the consumer price index. It also limited the amount that campaigns could spend on broadcast media to 60% of their total campaign spending limitation. Additionally, the Act required broadcast and non-broadcast media to charge the lowest unit rate for advertisements for all candidates within 45 days of a primary election and 60 days of a general election.
In 1974, the Act was amended to create the Federal Election Commission (FEC) and further regulate campaign spending. It was amended again in 1976 in response to the Supreme Court ruling in Buckley v. Valeo, which struck down several provisions of FECA as unconstitutional. The Court upheld the constitutionality of certain provisions of the election law, including limitations on contributions to candidates for federal office and the disclosure and record-keeping provisions of FECA. However, it declared other provisions, such as limitations on expenditures by candidates and their committees, to be unconstitutional.
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National Republican Senatorial Committee v. Federal Election Commission
The National Republican Senatorial Committee v. Federal Election Commission case was filed by the NRSC, the National Republican Congressional Committee, then-Sen. J.D. Vance, and former Rep. Steve Chabot, who represented Ohio in the House of Representatives. The plaintiffs sought declaratory and injunctive relief barring the FEC from enforcing the Federal Election Campaign Act's limits on coordinated party expenditures in connection with "party coordinated communications."
The dispute before the court centred around the NRSC's fundraising campaign, in which they sent letters soliciting contributions for Republican candidates in states with close Senate races. The letters did not mention specific candidates' names, referring only to the Republican candidates in the respective states. The NRSC entered into agreements with the individual Republican candidates' campaign committees, authorizing the solicitation. The suggested contribution amounts varied, and any funds collected would be divided equally among the candidates in the mentioned states.
The case presented the question of whether these contributions solicited, received, and passed along by the NRSC fit within the regulation's terms of "direction" and "control." Earmarked contributions typically count against the individual donor's $1,000 per candidate limit, but if the committee exercises "direction or control" over the choice of the recipient candidate, the contribution is "double-counted," affecting both the individual and committee limits.
The plaintiffs contended that the law violated the First Amendment, and the en banc U.S. Court of Appeals for the Sixth Circuit affirmed that the Act's limits on coordinated party expenditures did not violate the First Amendment, neither on their face nor as applied to party spending in connection with coordinated communications. The Supreme Court granted the plaintiffs' petition on June 30, 2025, and the case is expected to be argued in the fall, with a decision anticipated in 2026.
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Presidential election campaign fund
The Presidential Election Campaign Fund (PECF) is a voluntary program that allows taxpayers to direct a portion of their tax dollars towards funding eligible presidential candidates' campaign expenses. The PECF aims to reduce candidates' reliance on large contributions from individuals and special interest groups and encourage public financing of elections. However, the participation rate in the program has declined over the years, and candidates have been reluctant to utilise the funds due to restrictions and the lack of a cap on individual donations.
To be eligible for PECF funds, candidates must demonstrate broad-based public support by raising over $5,000 in contributions from at least 20 states. They must also agree to spending limits, abide by state-specific spending restrictions, use funds only for legitimate campaign expenses, maintain financial records, and submit to a comprehensive campaign audit.
Once candidates establish eligibility, they can receive public funds matching individual contributions up to $250 per contributor. They may also receive up to half of the national spending limit for the primary campaign. However, contributions from political committees or in cash are not eligible for matching. Eligible candidates can continue to request funds to settle campaign debts even after suspending their campaigns.
The PECF program has faced criticism for its ineffectiveness. Despite its good intentions, the declining participation and utilisation rates have raised questions about its future viability. Additionally, the lack of a federal cap on individual donations outside of the program has further discouraged candidates from relying solely on PECF funds.
In conclusion, the Presidential Election Campaign Fund represents an effort to mitigate the influence of large donors and promote public financing in presidential elections. However, its declining popularity and structural limitations have led to concerns about its effectiveness in achieving those goals.
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Frequently asked questions
Citizens United v. Federal Election Commission.
The Supreme Court ruled in favour of Citizens United, striking down century-old prohibitions on corporate "independent" spending.
The Supreme Court ruled 5-4 in favour of Citizens United.
The ruling allowed unlimited election spending by corporations and labour unions, and set the stage for Speechnow.org v. FEC (2010), which authorized the creation of super PACs.











































