McComish v. Bennett: Petitioners' (McComish, et al.) merits brief

Jan 12, 2011

Petitioners' (McComish, et al.) merits brief. The questions presented for review are whether Citizens United v. Federal Election Comm’n, 130 S. Ct. 876 (2010), and Davis v. Federal Election Comm’n, 554 U.S. 724 (2008), require the Court to strike down Arizona’s matching funds system under the First and Fourteenth Amendments because it penalizes and deters free speech by forcing privately-financed candidates and their supporters to finance the dissemination of hostile political speech whenever they raise or spend private money, or when independent expenditures are made, above a “spending limit.”; whether Citizens United and Davis require the Court to strike down Arizona’s matching funds system under the First and Fourteenth Amendments because it regulates campaign financing in order to equalize “influence” and financial resources among competing candidates and interest groups, rather than to advance directly a compelling state interest in the least restrictive manner.

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