No entity other than an individual, a political action committee which is duly registered and qualified pursuant to the terms of this chapter, political party committee authorized by title 17 of the general laws, or an authorized committee of an elected official or candidate established pursuant to this chapter shall make any contribution to or any expenditure on behalf of or in opposition to any candidate, ballot question, political action committee or political party.
[t]he $10.00 and $100.00 thresholds are indeed low. Contributors of relatively small amounts are likely to be especially sensitive to recording or disclosure of their political preferences. These strict requirements may well discourage participation *202 by some citizens in the political process, a result that Congress could hardly have intended. Indeed there is little legislative history to indicate that Congress focused carefully on the appropriate level at which to require recording and disclosure.... But we cannot require Congress to establish that it has chosen the highest reasonable threshold. The line is necessarily a judgmental decision, best left in the context of this complex legislation to congressional discretion. We cannot say, on this bare record, that the limits designated are wholly without rationality. Buckley, 424 U.S. at 83–34[, 96 S.Ct. at 665.]
The Fund Act merely provides a presidential candidate with an additional funding alternative which he or she would not otherwise have and does not deprive the candidate of other methods of funding which may be thought to provide greater or more effective exercise of rights of communication or association than would public financing. Since the candidate remains free to choose between funding alternatives, he or she will opt for public funding only if, in the candidate's view, it will enhance the candidate's powers of communication and association.... Even if we accepted [plaintiffs'] claim that they are in practice compelled to opt for public funding, its effect would be to facilitate and enlarge their exercise of free speech over what it would otherwise be rather than to inhibit or reduce their speaking power. Id. at 285 (emphasis in original).
It cannot be gainsaid that public financing as a means of eliminating the improper influence of large private contributions furthers a significant governmental interest.... Buckley, 424 U.S. at 96[, 96 S.Ct. at 671.]
If any licensee shall permit any person who is a legally qualified candidate for public office to use a broadcasting station, he shall afford equal opportunities to all other such candidates for that office in the use of such broadcasting station ...
it does mandate parity for all candidates for a given office once access by one is permitted. The duty is thus no more or less than to accord equal treatment to all legally qualified candidates for the same public office, and “equal opportunity” encompasses such elements as hour of the day, duration, and charges. Kennedy for President Comm. v. FCC, 636 F.2d 432, 438 (D.C.Cir.1980).
“(b) It shall be lawful, however, for any person not otherwise prohibited by law and not acting in concert with any other person or group, to expend personally from that person's own funds a sum which is not to be repaid to him or her for any purpose not prohibited by law to support or defeat a candidate or to advocate the approval or rejection of any question....”
End of Document | © 2024 Thomson Reuters. No claim to original U.S. Government Works. |