The First Amendment and Campaign Finance: Assessing the Recently-Decided McCutcheon v. FEC Case

Summary: Stating that “There is no right more basic in our democracy than the right to participate in electing our political leaders,” the U.S. Supreme Court last week struck down the federal biennial limit on contributions to non-candidate committees. News coverage of the decision explains that it effects only a small handful of donors, but characterizes it as important nevertheless. How sweeping is the decision, and how important might it prove to be in coming elections? Is the Court now positioned to continue to favor the First Amendment over the Bipartisan Campaign Reform Act? -- Featuring: Prof. Bradley A. Smith, 2013-14 Judge John T. Copenhaver Visiting Endowed Chair of Law, West Virginia University College of Law and Josiah H. Blackmore II/Shirley M. Nault Designated Professor of Law, Capital University Law School and former Chairman, Federal Election Commission