Monday, May 16, 2022

Supreme Court Sides With Ted Cruz Against FEC in Win for Free Speech

The Supreme Court sided with Senator Ted Cruz in a 6-3 decision issued Monday morning in a case brought against him by the Federal Election Commission over how loans from candidates can be repaid following an election cycle.

Sen. Ted Cruz, who clerked on the Supreme Court, has won his case in FEC v. Ted Cruz for Senate.

The court ruled 6-3 that a federal campaign-finance law limiting repayment of loans by candidates violated the First Amendment.

As the majority opinion explains, Cruz loaned his campaign $260,000 in the final stretch of his race against Vanity Fair cover model Robert Francis O'Rourke.

The Cruz campaign began to repay the loan after a 20-day window following the election in which loan repayment of more than than $250,000 is allowed, meaning Cruz didn't receive repayment of the final $10,000 inline with election law.

Cruz and his Ted Cruz for Senate Committee then filed action in U.S. District Court, alleging that the law prohibiting loans over a certain amount from being repaid violated the First Amendment.

As Chief Justice Roberts writes in the decision affirming the D.C. District Court's judgment, "By restricting the sources of funds that campaigns may use to repay candidate loans, Section 304 increases the risk that such loans will not be repaid. That in turn inhibits candidates from loaning money to their campaigns in the first place, burdening core speech." Roberts further notes that "This Court has recognized only one permissible ground for restricting political speech: the prevention of"quid pro quo" corruption or its appearance.
 

https://townhall.com/tipsheet/spencerbrown/2022/05/16/supreme-court-sides-with-ted-cruz-against-fec-n2607298 

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