Federal Election Commission v. NCPAC

Media Items
Oral Argument
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Advocates
Charles N. Steele (Argued the cause for the Federal Election Commission)
Robert R. Sparks, Jr. (Argued the cause for the appellants)
Steven B. Feirson (Argued the cause for the Democratic Party of the United States)
Case Basics
Docket No.: 
83-1032
Appellee: 
NCPAC
Appellant: 
Federal Election Commission
Consolidation: 
No. 83-1122
Decided By: 
Burger Court (1981-1986)
Opinion: 
470 U.S. 480 (1985)

Cite this page
The Oyez Project, Federal Election Commission v. NCPAC , 470 U.S. 480 (1985)
available at: (http://oyez.org/cases/1980-1989/1984/1984_83_1032)
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.

Decisions

Decision: 7 votes for NCPAC, 2 vote(s) against
Legal provision: Amendment 1: Speech, Press, and Assembly

Sort by Seniority

Wrote a dissent
Marshall
Voted with the majority
Brennan
Voted with the majority
Stevens
Voted with the majority
Blackmun
Voted with the majority
Powell
Wrote a dissent
White
Voted with the majority
O'Connor
Voted with the majority
Burger
Wrote the majority opinion
Rehnquist

Full Opinion by Justice William H. Rehnquist