National Republican Senatorial Committee v. Federal Election Commission

On August 28, the Liberty Justice Center filed an amicus brief with the U.S. Supreme Court, arguing that restricting the ability of political parties to engage in coordinated communications with candidates violates their First Amendment rights.

The issue before the Court in National Republican Senatorial Committee v. Federal Election Commission is whether limits on how much a political party can spend on campaign advertising if it’s done in cooperation with a candidate, established by the Federal Election Campaign Act (FECA) of 1971, violates the First Amendment.

The Liberty Justice Center’s amicus brief argues that the federal law unfairly silences political parties while granting media corporations virtually unlimited freedom to engage in coordinated political communications. Both political parties and the press serve the public by informing voters and advocating viewpoints during elections, yet current campaign finance law restricts one while exempting the other.

“The government cannot play favorites in our democracy, giving the press unlimited speech rights while gagging political parties,” said Reilly Stephens, Senior Counsel and Director of Amicus Practice at the Liberty Justice Center. “The First Amendment guarantees a level playing field for all speakers in the political process.”

LJC’s amicus calls on the Court to restore full, equal constitutional protections for political parties’ speech, striking down limits on coordinated expenditures.

“Free speech protections apply to all voices in our democracy—from newspapers to parties that represent millions of citizens,” Stephens added. “The First Amendment cannot tolerate government-imposed favoritism.”