Constitutional Law

5th Circuit turns back GOP-led campaign-finance challenge

By By The Associated Press

NEW ORLEANS ? A divided federal appeals court in New Orleans has rejected a Republican-backed challenge of federal campaign-finance restrictions.

U.S. Rep. Anh "Joseph" Cao of Louisiana and the Republican National Committee filed suit in November 2008. At the heart of the lawsuit is the Federal Election Campaign Act of 1971, which among other provisions, limits what state and national parties can spend in coordinated efforts on behalf of a candidate ? about $42,000 each in Cao's case.

The state and national parties cannot consult with each other on money spent beyond that limit, a problem that state party leaders have said can lead to duplicative or contradictory messages.

The 5th U.S. Circuit Court of Appeals ruled on Sept. 10 that the ban on coordinated campaign speech doesn?t violate candidates? free-speech rights.

The ruling in In Re: Cao, is likely to be appealed to the U.S. Supreme Court.

Five judges of the 16-member court disagreed with the ruling, writing: ?The majority employs a meat cleaver instead of a scalpel in the most sensitive constitutional area of political speech.?

The 5th Circuit sent the case back to the trial court with instructions to decide the case in a way consistent with the appellate opinion.

First Amendment Center Online staff contributed to this report.

Full post as published by First Amendment Center on September 12, 2010 (boomark / email).