Markley v. State Elections Enforcement Commission

Summary

The court held that applying the public-financing restrictions to penalize candidates for mentioning another candidate in communications that could reasonably be understood as issue-oriented rhetoric violated the First Amendment. Although the state may prevent public funds from financing campaign speech directed at candidates in other races, it may do so only when the communication is the functional equivalent of express advocacy. The court therefore reversed and directed judgment sustaining the plaintiffs’ administrative appeal.