Supreme Court of the United States

Arizona Free Enterprise Club’s Freedom Club Pac v. Bennett

June 27, 2011131 S. Ct. 2806

Summary

The Court held that Arizona's public financing matching funds provision substantially burdens the speech of privately financed candidates and independent expenditure groups by providing funds to opponents in direct response to that speech. The provision is not justified by a compelling state interest because leveling the playing field is not compelling and anticorruption interests are not served by burdening personal expenditures or independent spending. Justice Kagan dissented, arguing the provision subsidizes speech rather than restricting it and serves a compelling anticorruption interest.