United States Supreme Court case
| Arizona Free Enterprise Club's Freedom Club PAC v. Bennett |
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Supreme Court of the United States
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Argued March 28, 2011
Decided June 27, 2011 |
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Full case name |
Arizona Free Enterprise Club's Freedom Club PAC v. Ken Bennett, in his official capacity as Arizona Secretary of State, et al. |
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Citations |
564 U.S. 721 (more)
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| Holding |
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| Arizona's matching funds scheme substantially burdens political speech and is not sufficiently justified by a compelling interest to survive First Amendment scrutiny. |
| Court membership |
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- Chief Justice
John Roberts
- Associate Justices
Antonin Scalia · Anthony Kennedy
Clarence Thomas · Ruth Bader Ginsburg
Stephen Breyer · Samuel Alito
Sonia Sotomayor · Elena Kagan
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| Case opinions |
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Majority |
Roberts, joined by Scalia, Kennedy, Thomas, Alito |
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Dissent |
Kagan, joined by Ginsburg, Breyer, Sotomayor |
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| Laws applied |
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| U.S. Const. amend. I |
Arizona Free Enterprise Club's Freedom Club PAC v. Bennett, 564 U.S. 721 (2011), is a decision by the Supreme Court of the United States.
In 1998, Arizona voters approved the ballot measure known as the Clean Elections Act. When it was passed, the Clean Elections law established public financing for elections of statewide office campaigns. Candidates who choose to participate in the system must collect a specific number of $5 donations. This makes them eligible to receive government funds to run their campaigns. Under the law as passed, if a participating candidate is outspent by a non-participating opponent, the participating candidate receives added government funds matching the money raised privately by the non-participating candidate, up to three times the original government subsidy.[1] The most prominent candidates filing under the Clean Elections system were Janet Napolitano, who was elected Governor in 2002, and Jan Brewer, who was elected Governor in 2010.
Lawsuit[edit]
The Plaintiffs filed a legal challenge against the Arizona Clean Elections Commission on August 21, 2008 in the United States District Court for the District of Arizona. Just months earlier, the Supreme Court had heard Davis v. Federal Election Commission (2008). Under federal law, if candidates raised $350,000 of their own money, their opponent would be awarded special public fundraising advantages, a provision known as the “Millionaire’s Amendment.” However, the Supreme Court struck this provision down, holding that the “goal of ‘leveling’ electoral opportunities does not justify a campaign finance system in which “the vigorous exercise of the right to use personal funds to finance campaign speech produces fundraising advantages for opponents in the competitive context of electoral politics.”[2] According to the Plaintiffs, the Clean Elections system produced a chilling effect on speech because it “seeks to equalize funding.”[3] But advocates of the Clean Elections law argue that the system deters corruption because candidates do not have to cater to special interest groups.[1]
On January 20, 2010, Federal Judge Roslyn Silver struck down the matching funds provision of the Arizona Clean Elections law as unconstitutional. Judge Silver agreed with the Plaintiffs that the matching funds provision could not stand under Davis, although she referred to the result as "illogical" and referred to the holding in Davis as "an ipse dixit unsupported by the slightest veneer of reasoning to hide the obvious judicial fiat by which it is reached."[4] Silver suspended her order while the Arizona Clean Elections Commission appealed to the United States Court of Appeals for the Ninth Circuit. The case was heard by the Ninth Circuit Court on April 12, 2010. The Ninth Circuit reversed, holding that the matching funds provision of Arizona's law was analytically distinct from the millionaire's amendment.[5]
The Supreme Court agreed to hear an appeal of McComish. (This case was consolidated with Arizona Free Enterprise Club Freedom Club PAC v. Bennett prior to consideration by the Supreme Court.)[6] Oral arguments were heard March 28, 2011. On June 27, 2011, the Supreme Court reversed the Ninth Circuit Court of Appeals' ruling and declared matching funds unconstitutional in a 5-4 decision.
Case Timeline[edit]
August 21, 2008: Case filed in U.S. District Court.
July 17, 2009: Deadline for opposition brief.
July 31, 2009: Deadline for reply brief.
August 7, 2009: Hearing deadline.
January 5, 2010: Plaintiffs file preliminary injunction asking Judge Roslyn O. Silver to stop the issuance of matching funds for the 2010 election.
January 15, 2010: 1:30PM hearing on motions for summary judgment in U.S. Federal District Court, 401 W. Washington Street, Phoenix, Judge Silver's courtroom #624.
January 20, 2010: Judge Silver strikes down Clean Elections as unconstitutional, but puts a stay on her order that allows for the state to appeal.
January 27, 2010: Plaintiffs ask 9th Circuit Court of Appeals to remove the stay and strike down the Matching Funds provision of Clean Elections immediately. It is refused.
February 3, 2010: Plaintiffs file emergency appeal to repeal the stay on Judge Silver's order with Supreme Court Justice Anthony Kennedy. The appeal is refused and gives the 9th Circuit until June 1 to rule on the appeal by the state.
May 21, 2010: 9th Circuit rules in favor of the state in appeal, saying that Clean Elections' Matching Funds is constitutional.
May 24, 2010: Plaintiffs file emergency motion to vacate the stay with the Supreme Court of the United States.
June 1, 2010: The Court refuses the stay request on the grounds that Goldwater must state, and had not stated, an intent to appeal the Ninth Circuit decision.[7] Goldwater files a third application to lift stay adding its intent to appeal the 9th Circuit's decision.
June 8, 2010: The Supreme Court blocks the distribution of Clean Elections for 2010, removing the district court's stay.[8]
August 17, 2010: Plaintiffs lawyers make formal appeal to the Supreme Court.
November 29, 2010: Supreme Court agrees to consider formal appeal.[9]
March 28, 2011: Supreme Court is scheduled to hear oral arguments.[10]
June 27, 2011: Supreme Court reverses Ninth Circuit Court of Appeals' ruling and declares matching funds unconstitutional.[11]
References[edit]
^ ab Beard Rau, Alia.“Clean Elections arguments to be heard in court”, The Arizona Republic, April 11, 2010.
^ “McComish v. Bennett (Clean Elections)”, The Goldwater Institute.
^ Fischer, Howard.“Suit seeks to derail Ariz.’s Clean Elections Law”, The East Valley Tribune, August 23, 2008.
^ Beard Rau, Alia and Mary Jo Pitzl.“Federal judge strikes down Ariz. Matching funds”, The Arizona Republic, January 21, 2010.
^ "Election Subsidy Challenged". Scotus Blog, May 25, 2010.
^ Liptak, Adam (29 November 2010). "Justices to Assess Arizona Campaign Financing". The New York Times. Retrieved 3 December 2013..mw-parser-output cite.citation{font-style:inherit}.mw-parser-output q{quotes:"""""""'""'"}.mw-parser-output code.cs1-code{color:inherit;background:inherit;border:inherit;padding:inherit}.mw-parser-output .cs1-lock-free a{background:url("//upload.wikimedia.org/wikipedia/commons/thumb/6/65/Lock-green.svg/9px-Lock-green.svg.png")no-repeat;background-position:right .1em center}.mw-parser-output .cs1-lock-limited a,.mw-parser-output .cs1-lock-registration a{background:url("//upload.wikimedia.org/wikipedia/commons/thumb/d/d6/Lock-gray-alt-2.svg/9px-Lock-gray-alt-2.svg.png")no-repeat;background-position:right .1em center}.mw-parser-output .cs1-lock-subscription a{background:url("//upload.wikimedia.org/wikipedia/commons/thumb/a/aa/Lock-red-alt-2.svg/9px-Lock-red-alt-2.svg.png")no-repeat;background-position:right .1em center}.mw-parser-output .cs1-subscription,.mw-parser-output .cs1-registration{color:#555}.mw-parser-output .cs1-subscription span,.mw-parser-output .cs1-registration span{border-bottom:1px dotted;cursor:help}.mw-parser-output .cs1-hidden-error{display:none;font-size:100%}.mw-parser-output .cs1-visible-error{font-size:100%}.mw-parser-output .cs1-subscription,.mw-parser-output .cs1-registration,.mw-parser-output .cs1-format{font-size:95%}.mw-parser-output .cs1-kern-left,.mw-parser-output .cs1-kern-wl-left{padding-left:0.2em}.mw-parser-output .cs1-kern-right,.mw-parser-output .cs1-kern-wl-right{padding-right:0.2em}
^ "Order in Pending Case" Unsigned, U.S. Supreme Court, June 1, 2010, as posted at www.scotusblog.com
^ "McComish v. Bennett. United States Supreme Court. 8 June 2010. Print."
^ "Order List. United States Supreme Court. 29 November 2010. Print"
^ "Brief for Petitioners. United States Supreme Court. 12 January 2011. Print"
^ "Ruling. United States Supreme Court. 27 June 2011."
United States First Amendment case law
|
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Establishment Clause |
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Public funding |
Everson v. Board of Education (1947)
McCollum v. Board of Education (1948)
Walz v. Tax Commission of the City of New York (1970)
Lemon v. Kurtzman (1971)
Marsh v. Chambers (1983)
Mueller v. Allen (1983)
Aguilar v. Felton (1985)
Board of Education of Kiryas Joel Village School District v. Grumet (1994)
Agostini v. Felton (1997)
Mitchell v. Helms (2000)
Zelman v. Simmons-Harris (2002)
Locke v. Davey (2004)
Arizona Christian School Tuition Organization v. Winn (2011)
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Public displays |
Stone v. Graham (1980)
Lynch v. Donnelly (1984)
Board of Trustees of Scarsdale v. McCreary (1985)
County of Allegheny v. ACLU (1989)
McCreary County v. ACLU of Kentucky (2005)
Van Orden v. Perry (2005)
Pleasant Grove City v. Summum (2009)
|
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School prayer |
Zorach v. Clauson (1952)
Engel v. Vitale (1962)
Abington School District v. Schempp (1963)
Stone v. Graham (1980)
Wallace v. Jaffree (1985)
Lee v. Weisman (1992)
Santa Fe Independent School District v. Doe (2000)
Elk Grove Unified School District v. Newdow (2004)
|
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Creationism |
Epperson v. Arkansas (1968)
Edwards v. Aguillard (1987)
Kitzmiller v. Dover Area School District (M.D. Pa. 2005)
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Legislature prayer |
Marsh v. Chambers (1983)
Town of Greece v. Galloway (2014)
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Other |
McGowan v. Maryland (1961)
McDaniel v. Paty (1978)
Estate of Thornton v. Caldor, Inc. (1985)
Texas Monthly, Inc. v. Bullock (1989)
Hosanna-Tabor Evangelical Lutheran Church & School v. Equal Employment Opportunity Commission (2012)
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Free Exercise Clause |
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Reynolds v. United States (1879)
Davis v. Beason (1890)
Schneider v. New Jersey (1939)
Cantwell v. Connecticut (1940)
Minersville School District v. Gobitis (1940)
Murdock v. Pennsylvania (1943)
United States v. Ballard (1944)
Braunfeld v. Brown (1961)
Torcaso v. Watkins (1961)
Sherbert v. Verner (1963)
Presbyterian Church v. Hull Church (1969)
Wisconsin v. Yoder (1972)
Harris v. McRae (1980)
Thomas v. Review Board of the Indiana Employment Security Division (1981)
United States v. Lee (1982)
Bob Jones University v. United States (1983)
Bowen v. Roy (1986)
Goldman v. Weinberger (1986)
Employment Division v. Smith (1990)
Church of Lukumi Babalu Aye v. City of Hialeah (1993)
City of Boerne v. Flores (1997)
Watchtower Society v. Village of Stratton (2002)
Cutter v. Wilkinson (2005)
Trinity Lutheran Church of Columbia, Inc. v. Comer (2017)
Masterpiece Cakeshop v. Colorado Civil Rights Commission (2018)
National Institute of Family and Life Advocates v. Becerra (2018)
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Freedom of speech (portal)
|
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Sedition and
imminent danger |
Alien and Sedition Acts (1798)
Masses Publishing Co. v. Patten (S.D.N.Y. 1917)
Schenck v. United States (1919)
Abrams v. United States (1919)
Gitlow v. New York (1925)
Whitney v. California (1927)
Dennis v. United States (1951)
Communist Party v. Subversive Activities Control Board (1955, 1961)
Yates v. United States (1957, clear and present danger)
Bond v. Floyd (1966)
Brandenburg v. Ohio (1969, imminent lawless action)
Hess v. Indiana (1973)
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False speech |
New York Times Co. v. Sullivan (1964, actual malice)
United States v. Alvarez (2012)
Susan B. Anthony List v. Driehaus (2014)
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Fighting words and
the heckler's veto
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Cantwell v. Connecticut (1940)
Chaplinsky v. New Hampshire (1942)
Terminiello v. Chicago (1949)
Feiner v. New York (1951)
Gregory v. Chicago (1969)
National Socialist Party of America v. Village of Skokie (1977)
R.A.V. v. City of St. Paul (1992)
Snyder v. Phelps (2011)
Elonis v. United States (2015)
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Freedom of assembly
and public forums |
Hague v. CIO (1939)
Schneider v. New Jersey (1939)
Thornhill v. Alabama (1940)
Martin v. City of Struthers (1943)
Marsh v. Alabama (1946)
Niemotko v. Maryland (1951)
Edwards v. South Carolina (1963)
Cox v. Louisiana (1965)
Brown v. Louisiana (1966)
Adderley v. Florida (1966)
Carroll v. Town of Princess Anne (1968)
Coates v. Cincinnati (1971)
Organization for a Better Austin v. Keefe (1971)
Lloyd Corp. v. Tanner (1972)
Pruneyard Shopping Center v. Robins (1980)
Hill v. Colorado (2000)
McCullen v. Coakley (2014)
Packingham v. North Carolina (2017)
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Symbolic speech |
Stromberg v. California (1931)
United States v. O'Brien (1968)
Cohen v. California (1971)
Smith v. Goguen (1974)
Texas v. Johnson (1989)
United States v. Eichman (1990)
Virginia v. Black (2003)
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Compelled speech |
Minersville School District v. Gobitis (1940)
West Virginia State Board of Education v. Barnette (1943)
Wooley v. Maynard (1977)
Agency for International Development v. Alliance for Open Society International, Inc. (2013)
National Institute of Family and Life Advocates v. Becerra (2018)
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Compelled subsidy of others' speech |
Abood v. Detroit Board of Education (1977)
Communications Workers of America v. Beck (1978)
Keller v. State Bar of California (1990)
Lehnert v. Ferris Faculty Ass'n (1991)
Board of Regents of the University of Wisconsin System v. Southworth (2000)
Johanns v. Livestock Marketing Association (2005)
Davenport v. Washington Education Association (2007)
Locke v. Karass (2008)
Knox v. Service Employees International Union, Local 1000 (2012)
Harris v. Quinn (2014)
Friedrichs v. California Teachers Ass'n (2016)
Janus v. AFSCME (2018)
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Loyalty oaths |
American Communications Association v. Douds (1950)
Garner v. Board of Public Works (1951)
Speiser v. Randall (1958)
Keyishian v. Board of Regents (1967)
Communist Party of Indiana v. Whitcomb (1974)
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School speech |
Minersville School District v. Gobitis (1940)
West Virginia State Board of Education v. Barnette (1943)
Tinker v. Des Moines Independent Community School District (1969, substantial disruption)
Island Trees School District v. Pico (1982)
Bethel School District v. Fraser (1986)
Hazelwood School District v. Kuhlmeier (1988)
Rosenberger v. University of Virginia (1995)
Morse v. Frederick (2007)
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Obscenity |
Rosen v. United States (1896)
United States v. One Book Called Ulysses (S.D.N.Y. 1933)
Roth v. United States (1957)
One, Inc. v. Olesen (1958)
Smith v. California (1959)
Marcus v. Search Warrant (1961)
MANual Enterprises v. Day (1962)
Jacobellis v. Ohio (1964)
Quantity of Books v. Kansas (1964)
Freedman v. Maryland (1965)
Ginzburg v. United States (1966)
Memoirs v. Massachusetts (1966)
Redrup v. New York (1967)
Ginsberg v. New York (1968)
Stanley v. Georgia (1969)
Cohen v. California (1971)
United States v. Thirty-seven Photographs (1971)
Kois v. Wisconsin (1972)
Miller v. California (1973)
Paris Adult Theatre I v. Slaton (1973)
United States v. 12 200-ft. Reels of Film (1973)
Jenkins v. Georgia (1974)
Erznoznik v. City of Jacksonville (1975)
Young v. American Mini Theatres (1976)
New York v. Ferber (1982)
American Booksellers v. Hudnut (7th Cir., 1985)
Renton v. Playtime Theatres, Inc. (1986)
People v. Freeman (Cal. 1988)
Osborne v. Ohio (1990)
United States v. X-Citement Video (1994)
Reno v. American Civil Liberties Union (1997)
United States v. Playboy Entertainment Group (2000)
Ashcroft v. Free Speech Coalition (2002)
Ashcroft v. American Civil Liberties Union (2002)
Nitke v. Gonzales (S.D.N.Y., 2005)
United States v. Williams (2008)
Federal Communications Commission v. Fox Television Stations (2012)
American Booksellers Foundation for Free Expression v. Strickland (6th Cir., 2009)
United States v. Kilbride (9th Cir., 2009)
United States v. Stevens (2010)
Brown v. Entertainment Merchants Association (2011)
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Public employees |
Pickering v. Board of Education (1968)
Perry v. Sindermann (1972)
Board of Regents of State Colleges v. Roth (1972)
Mt. Healthy City School District Board of Education v. Doyle (1977)
Givhan v. Western Line Consolidated School District (1979)
Connick v. Myers (1983)
Rankin v. McPherson (1987)
Waters v. Churchill (1994)
Garcetti v. Ceballos (2006)
Borough of Duryea v. Guarnieri (2011)
Heffernan v. City of Paterson (2016)
|
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Hatch Act
and similar laws |
Ex parte Curtis (1882)
United Public Workers v. Mitchell (1947)
United States Civil Service Commission v. National Association of Letter Carriers (1973)
Broadrick v. Oklahoma (1973)
|
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Licensing and
restriction of speech |
Mutual Film Corporation v. Industrial Commission of Ohio (1915)
Joseph Burstyn, Inc. v. Wilson (1952)
NAACP v. Button (1963)
Freedman v. Maryland (1965)
Virginia State Pharmacy Board v. Virginia Citizens Consumer Council (1976)
Hoffman Estates v. The Flipside, Hoffman Estates, Inc. (1982)
Walker v. Texas Division, Sons of Confederate Veterans (2015)
Matal v. Tam (2017)
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Commercial speech |
Valentine v. Chrestensen (1942)
Rowan v. U.S. Post Office Dept. (1970)
Pittsburgh Press Co. v. Pittsburgh Commission on Human Relations (1973)
Bigelow v. Commonwealth of Virginia (1974)
Virginia State Pharmacy Board v. Virginia Citizens Consumer Council (1976)
Bates v. State Bar of Arizona (1977)
Linmark Associates, Inc. v. Willingboro (1977)
Central Hudson Gas & Electric Corp. v. Public Service Commission (1980)
Consol. Edison Co. v. Public Serv. Comm'n (1980)
Zauderer v. Office of Disciplinary Counsel of Supreme Court of Ohio (1985)
Pacific Gas & Electric Co. v. Public Utilities Commission of California (1986)
Posadas de Puerto Rico Associates v. Tourism Company of Puerto Rico (1986)
San Francisco Arts & Athletics, Inc. v. United States Olympic Committee (1987)
44 Liquormart, Inc. v. Rhode Island (1996)
Sorrell v. IMS Health Inc. (2011)
|
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Campaign finance and
political speech |
Buckley v. Valeo (1976)
First National Bank of Boston v. Bellotti (1978)
Citizens Against Rent Control v. City of Berkeley (1981)
Brown v. Socialist Workers '74 Campaign Committee (1982)
Regan v. Taxation with Representation of Washington (1983)
FEC v. Massachusetts Citizens for Life (1986)
Austin v. Michigan Chamber of Commerce (1990)
McIntyre v. Ohio Elections Commission (1995)
Colorado Republican Federal Campaign Committee v. FEC (1996)
Nixon v. Shrink Missouri Government PAC (2000)
Republican Party of Minnesota v. White (2002)
McConnell v. FEC (2003)
Randall v. Sorrell (2006)
FEC v. Wisconsin Right to Life, Inc. (2007)
Davis v. FEC (2008)
Citizens United v. FEC (2010)
McComish v. Bennett (2011)
American Tradition Partnership v. Bullock (2012)
McCutcheon v. Federal Election Commission (2014)
Williams-Yulee v. The Florida Bar (2015)
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Freedom of the press |
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Prior restraints
and censorship
|
Near v. Minnesota (1931)
Lovell v. City of Griffin (1938)
Hannegan v. Esquire, Inc. (1946)
New York Times Co. v. United States (1971)
Miami Herald Publishing Co. v. Tornillo (1974)
Nebraska Press Ass'n v. Stuart (1976)
Landmark Communications, Inc. v. Virginia (1978)
Tory v. Cochran (2005)
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Privacy |
Time, Inc. v. Hill (1967)
Cox Broadcasting Corp. v. Cohn (1975)
Florida Star v. B. J. F. (1989)
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Taxation and
privileges |
Grosjean v. American Press Co. (1936)
Branzburg v. Hayes (1972)
Minneapolis Star Tribune Co. v. Commissioner (1983)
|
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Defamation |
Beauharnais v. Illinois (1952)
New York Times Co. v. Sullivan (1964)
Curtis Publishing Co. v. Butts (1967)
Greenbelt Cooperative Publishing Ass'n, Inc. v. Bresler (1970)
Gertz v. Robert Welch, Inc. (1974)
Time, Inc. v. Firestone (1976)
Bose Corp. v. Consumers Union of United States, Inc. (1984)
Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc. (1985)
McDonald v. Smith (1985)
Hustler Magazine v. Falwell (1988)
Harte-Hanks Communications, Inc. v. Connaughton (1989)
Milkovich v. Lorain Journal Co. (1990)
Obsidian Finance Group, LLC v. Cox (9th Cir., 2014)
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Broadcast media |
Red Lion Broadcasting Co. v. FCC (1969)
FCC v. Pacifica Foundation (1978)
Turner Broadcasting System, Inc. v. FCC (1994)
Bartnicki v. Vopper (2001)
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Copyrighted materials |
Zacchini v. Scripps-Howard Broadcasting Co. (1977)
Harper & Row v. Nation Enterprises (1985)
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Freedom of association |
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Joint Anti-Fascist Refugee Committee v. McGrath (1951)
Watkins v. United States (1957)
NAACP v. Alabama (1958)
NAACP v. Button (1963)
Baggett v. Bullitt (1964)
In re Primus (1978)
Roberts v. United States Jaycees (1984)
Hurley v. Irish-American Gay, Lesbian, & Bisexual Group of Boston (1995)
Boy Scouts of America v. Dale (2000)
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