The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Wednesday, November 28, 1984
Decision: Monday, March 18, 1985
Issues: First Amendment, Campaign Spending

Advocates

Steven B. Feirson (Argued the cause for the Democratic Party of the United States)
Charles N. Steele (Argued the cause for the Federal Election Commission)
Robert R. Sparks, Jr. (Argued the cause for the appellants)

Facts of the Case

In 1975, the National Conservative Political Action Committee (NCPAC) was accused by both the Democratic Party of the United States and the Federal Election Commission of violating the Federal Election Campaign Act. The Act stipulated that independent political action committees could not spend more than $1,000 to support the election of a presidential candidate. This case was decided together with Democratic Party v. NCPAC.

Question

Did the law violate the NCPAC's First Amendment rights of free speech and association?

Conclusion

Yes. The Court held that the expenditures prohibited by the Federal Election Campaign Act were "at the core of the First Amendment" and could not be restricted by the government. The Court rejected the notion that the PACs' form of organization diminished their entitlement to First Amendment protection. The Court drew a distinction between contributions to candidates--which were open to corruption--and contributions to independent organizations in support of candidates.

Supreme Court Justice Opinions and Votes (by Seniority)

Sort by Ideology
(More information here)
Decision: 7 votes for NCPAC, 2 vote(s) against
Legal Provision: Amendment 1: Speech, Press, and Assembly
Voted with the majority
Burger
Voted with the majority
Brennan
Wrote a dissent
White
Wrote a dissent
Marshall
Voted with the majority
Blackmun
Voted with the majority
Powell
Wrote the majority opinion
Rehnquist
Voted with the majority
Stevens
Voted with the majority
O'Connor
Full Opinion by Justice William H. Rehnquist

Cite this page

The Oyez Project, Federal Election Commission v. NCPAC, 470 U.S. 480 (1985),
available at: <http://www.oyez.org/cases/1980-1989/1984/1984_83_1032/>
(last visited ).