Justices Strike Down Arizona Campaign Finance Law

[Derechos]

WASHINGTON — In its first campaign-finance decision since its 5-to-4 ruling in the Citizens United case last year, the Supreme Court on Monday struck down an Arizona law that provided escalating matching funds to candidates who accept public financing.

The vote was again 5-to-4, with the same five justices in the majority as in the Citizens United decision. The majority’s rationale was that the law violated the First Amendment rights of candidates who raise private money. Such candidates, the majority said, may be reluctant to spend money to speak if they know that it will give rise to counter-speech paid for by the government.

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In a dissent summarized from the bench, Justice Elena Kagan said the Arizona law advanced First Amendment values.

“What the law does — all the law does — is fund more speech,” she wrote. Justices Ruth Bader Ginsburg, Stephen G. Breyer and Sonia Sotomayor joined the dissent.

“Arizona, remember, offers to support any person running for state office,” Justice Kagan wrote. The candidates and groups that challenged the law declined to accept that help, she said,

“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,” Justice Kagan wrote. “Some people might call that chutzpah.”

http://www.nytimes.com/2011/06/28/us/politics/28campaign.html?pagewanted=1&hpw

[elleng]

1. Love Kagan, + other dissenters.