Congressional Digest

Supreme Court Debates September 2011 No. 6 Vol. 14
Opinion of the Court in AFEC v. Bennett

Free Speech and Campaign Funding

Arizona’s Campaign Finance System

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Opinion of the Court in AFEC v. Bennett

The Citizens Clean Elections Act Is Unconstitutional

Under Arizona law, candidates for State office who accept public financing can receive additional money from the State in direct response to the campaign activities of privately financed candidates and independent expenditure groups. Once a set spending limit is exceeded, a publicly financed candidate receives roughly one dollar for every dollar spent by an opposing privately financed candidate. The publicly financed candidate also receives roughly one dollar for every dollar spent by independent expenditure groups to support the privately financed candidate, or to oppose the publicly financed candidate. We hold that Arizona’s matching funds scheme substantially burdens protected political speech…

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