608
Opinion of Breyer, J.
Justice Breyer announced the judgment of the Court and delivered an opinion, in which Justice O'Connor and Justice Souter join.
In April 1986, before the Colorado Republican Party had selected its senatorial candidate for the fall's election, that party's Federal Campaign Committee bought radio advertisements attacking Timothy Wirth, the Democratic Party's likely candidate. The Federal Election Commission (FEC) charged that this "expenditure" exceeded the dollar limits that a provision of the Federal Election Campaign Act of 1971 (FECA or Act) imposes upon political party "expenditure[s] in connection with" a "general election campaign" for congressional office. 90 Stat. 486, as amended, 2 U. S. C. § 441a(d)(3). This case focuses upon the constitutionality of those limits as applied to this case. We conclude that the First Amendment prohibits the application of this provision to the kind of expenditure at issue here—an expenditure that the political party has made independently, without coordination with any candidate.
Foundation et al. by Benjamin L. Ginsberg, Daniel J. Popeo, and Paul D. Kamenar.
Briefs of amici curiae urging affirmance were filed for the Brennan
Center for Justice by Burt Neuborne; and for Common Cause et al. by Roger M. Witten, Donald J. Simon, and Alan Morrison.
Briefs of amici curiae were filed for the State of Kentucky et al. by A. B. Chandler III, Attorney General of Kentucky, Pamela J. Murphy, Deputy Attorney General, Morgan G. Ransdell, Assistant Attorney General, Sheryl G. Snyder, Richard Blumenthal, Attorney General of Connecticut, Hubert H. Humphrey III, Attorney General of Minnesota, Tom Udall, Attorney General of New Mexico, W. A. Drew Edmondson, Attorney General of Oklahoma, and Darrell V. McGraw, Jr., Attorney General of West Virginia; for the Committee for Party Renewal et al. by E. Mark Braden and Stephen E. Gottlieb; and for the Republican National Committee by George J. Terwilliger III, John P. Connors, E. Duncan Getchell, Jr., Robert L. Hodges, and Darryl S. Lew.
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