The Institute for Free Speech has filed an amicus brief urging the Supreme Court to grant certiorari in National Republican Senatorial Committee v. FEC and overrule FEC v. Colorado Republican Federal Campaign Committee (“Colorado II“).
The brief, written by Institute founder Bradley A. Smith and Senior Attorney Brett Nolan, argues that Colorado II rests on a flawed factual premise and creates unnecessary confusion in campaign finance law.
First, the brief explains that Colorado II‘s prediction about coordinated party spending enabling circumvention of contribution limits was wrong. While the Court speculated that unlimited coordination would inevitably lead to circumvention, more than half of states allow unlimited party coordination, including 17 states that also restrict individual contributions to candidates. Yet, the FEC could not identify a single case of donors using parties to circumvent contribution limits in these states.
Second, the brief argues that leaving Colorado II in place threatens to create a watered-down version of “closely drawn” scrutiny that would give courts too much discretion to restrict political parties’ speech about their candidates. While this Court has strengthened First Amendment protections for political speech, Colorado II‘s more deferential approach complicates and weakens those protections.
“There is no sensible basis for keeping the flawed and outdated methodology of Colorado II around to confuse lower courts and give governments more leeway to restrict speech,” the brief notes. “The Court should grant certiorari, overrule Colorado II, and resolve this important constitutional question on its merits.”
To read the Supreme Court amicus brief in NRSC v. FEC, click here. To read the Institute’s amicus brief in the Sixth Circuit version of the case, click here. To read our full press release on the filing of that amicus brief, click here. Finally, to read Senior Attorney Brett Nolan’s expert analysis of the Sixth Circuit’s decision in NRSC v. FEC, click here.
