Libertarian National Committee, Inc. v. Federal Election Commission

In the asserted interest of preventing quid pro quo corruption, the Federal Election Commission limits the amount of money that a political party may receive each year from a deceased donor. Over the course of his life, Joseph Shaber made various small donations to the Libertarian Party. He was unknown to party officials and candidates. Upon his death, the party learned that Shaber had unconditionally left it $235,575.20. Does limiting the size of Joseph Shaber’s uncoordinated testamentary bequest to the party violate the party’s First Amendment right to free speech?

In 2014, Congress imposed content-based spending restrictions on contributions to political parties. A national political party committee may now spend only 10% of an individual’s maximum annual contribution on unrestricted speech. Of an individual’s maximum annual contribution, 30% must be spent on presidential nominating conventions, 30% on election contests and other legal proceedings, and 30% on party headquarters buildings. 52 U.S.C. §§ 30116(a)(1)(B), (a)(9), 30125(a)(1). Money being fungible, these restrictions negligibly impact, if at all, party committees that would otherwise spend money from general funds on such government-preferred speech. Party committees that cannot or do not prioritize government-preferred spending purposes can raise and spend as little as 10% of each donor’s otherwise-allowable contribution.