Sen. John McCain, center, looks at former congressman J.D. Hayworth, right, as political newcomer Jim Deakin checks his notes at the first Arizona Senate Republican debate at KTVK Channel 3, July 16, 2010, in Phoenix. (AP Photo/Ross D. Franklin)
ARIZONA FREE ENTERPRISE CLUB’S FREEDOM PAC V. BENNETT (2011)
Continuing its assault on campaign finance laws, the Court struck down Arizona’s Clean Election Act, a law adopted by referendum. It provided public financing to candidates who agreed to spending limits and to participating in debates. It also provided for an increase in the funding limit when a candidate was outspent by self-financed candidates or contributions from PACs and other outside groups. The conservative majority concluded that the availability of increased public funding deterred speech because it discouraged candidates from spending more than the publicly funded candidate. Justice Elena Kagan pointed out the absurdity of the position that subsidizing speech creates less speech. “So they are making a novel argument: that Arizona violated their First Amendment rights by disbursing funds to other speakers even though they could have received (but chose to spurn) the same financial assistance,” she concluded. “Some people might call that chutzpah.”
