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

564 U.S. 721 (2011)

Quick Summary

A dispute between the Arizona Free Enterprise Club’s Freedom Club PAC (plaintiff) and Bennett (defendant) was on whether an Arizona law allowing additional public financing for candidates based on their opponents’ spending was constitutional. The plaintiffs argued that this practice infringed upon their First Amendment rights.

The dispute centered on whether this ‘matching funds provision’ violated free speech by penalizing private funding and independent expenditures in political campaigns. The U.S. Supreme Court ultimately held that it did violate the First Amendment by imposing a substantial burden without a compelling state interest.

Facts of the Case

The Arizona Legislature enacted the Arizona Citizens Clean Elections Act (the Act), which allowed state office candidates to receive public financing. A key provision of this Act was the ‘matching funds provision,’ which granted additional state funds to publicly-financed candidates when their privately-funded opponents or independent expenditure groups spent beyond a certain threshold.

The Arizona Free Enterprise Club’s Freedom Club PAC (plaintiff) and other plaintiffs, including candidates for state office, challenged the constitutionality of the Act. They asserted that it infringed upon their First Amendment right to free speech by penalizing privately-funded candidates and independent groups for engaging in political speech.

Ken Bennett, in his capacity as Arizona Secretary of State, and other (defendants) were responsible for enforcing the law. The plaintiffs sought relief in district court, which initially ruled in their favor, but the Ninth Circuit Court of Appeals reversed the decision, leading to the case being brought before the U.S. Supreme Court.

Procedural Posture and History

  1. Plaintiffs filed a challenge to the Act’s constitutionality in district court.
  2. The district court ruled in favor of the plaintiffs and issued an injunction against the Act’s enforcement.
  3. The Ninth Circuit Court of Appeals reversed the district court’s decision.
  4. The plaintiffs appealed to the U.S. Supreme Court.

I.R.A.C. Format


Whether Arizona’s ‘matching funds provision’ of the Citizens Clean Elections Act violates the First Amendment by imposing a substantial burden on the political speech of privately-funded candidates and independent expenditure groups.

Rule of Law

In cases involving government-imposed restrictions on campaign expenditures, such laws are subject to strict scrutiny, requiring the government to prove that the restriction furthers a compelling interest and is narrowly tailored to achieve that interest.

Reasoning and Analysis

The Supreme Court found that Arizona’s matching funds provision imposed a significant burden on political speech by effectively penalizing privately-funded candidates and independent groups for their campaign spending. The Court compared this case to Davis v. Federal Election Commission, where a similar law was struck down because it forced a candidate to choose between exercising their First Amendment rights or facing financial disadvantages.

The Supreme Court held that Arizona’s provision did indeed burden speech and was not justified by any compelling state interest, such as reducing political corruption or leveling the playing field, which could not outweigh the infringement on First Amendment rights.

Furthermore, the Court rejected arguments that the matching funds provision merely incentivized participation in public financing without directly suppressing speech. It emphasized that the First Amendment ensures speakers have autonomy over their messages, and any system that responds to political speech by awarding funds to opponents based on that speech is inherently problematic. The Court concluded that while public financing as a concept is permissible, it cannot be implemented in a way that imposes burdens on free speech as the matching funds provision did.


The Supreme Court reversed the Ninth Circuit’s decision, ruling that Arizona’s matching funds scheme substantially burdens political speech without serving a compelling state interest, thus violating the First Amendment.

Dissenting Opinions

Justice Kagan authored a dissenting opinion, joined by Justices Ginsburg, Breyer, and Sotomayor, arguing that the matching funds provision promoted more speech overall and was an effective way to combat corruption without imposing impermissible burdens on free speech.

Key Takeaways

  1. The matching funds provision of Arizona’s Citizens Clean Elections Act imposed a substantial burden on political speech and was thus subject to strict scrutiny.
  2. The Supreme Court ruled that this provision violated the First Amendment because it penalized private campaign spending and independent expenditures.
  3. No compelling state interest justified such an infringement on free speech rights.

Relevant FAQs of this case

What is the threshold for government restrictions on speech to meet strict scrutiny?

Government restrictions on speech must serve a compelling state interest and be narrowly tailored to achieve that interest without unnecessary infringement on First Amendment rights.

  • For example: A law prohibiting loud protests near hospitals is designed to prevent disruptions to patients’ recovery (a compelling interest) and could be limited to specific times when quiet is essential, thereby passing strict scrutiny.

How can campaign finance laws balance free speech interests with the goal of reducing corruption?

Campaign finance laws should be designed in a way that they do not punish or disincentivize speech but rather aim to increase transparency and limit undue influence from large donors without restricting the amount of money that can be used to convey political messages.

  • For example: Imposing caps on individual contributions to candidates may be acceptable if it’s demonstrated that such limits directly address corruption concerns without significantly hindering the ability of candidates and supporters to voice their political views.

In what ways might a law abridge the autonomy of speakers and their messages in the context of the First Amendment?

A law abridges autonomy when it controls or alters the content and timing of speech or imposes penalties, such as reducing funding or benefits, because of the views expressed, thereby discouraging certain messages over others.

  • For example: A statute that reduces public funding for artists whose work criticizes government policies would restrict their autonomy by incentivizing self-censorship to maintain financial support.


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