Federal Election Commission v. Massachusetts Citizens For Life, Inc, 85-701

Citation479 U.S. 238,107 S.Ct. 616,93 L.Ed.2d 539
Decision Date15 December 1986
Docket NumberNo. 85-701,85-701
PartiesFEDERAL ELECTION COMMISSION, Appellant, v. MASSACHUSETTS CITIZENS FOR LIFE, INC
CourtU.S. Supreme Court
Syllabus

Section 316 of the Federal Election Campaign Act (FECA) prohibits corporations from using treasury funds to make an expenditure "in connection with" any federal election, and requires that any expenditure for such purpose be financed by voluntary contributions to a separate segregated fund. Appellee is a nonprofit, nonstock corporation, whose purpose is to foster respect for human life and to defend the right to life of all human beings, born and unborn, through educational, political, and other forms of activities. To further this purpose, it has published a newsletter that has been distributed to contributors and to noncontributors who have expressed support for the organization. In September 1978, appellee prepared and distributed a "Special Election Edition" exhorting readers to vote "pro-life" in the upcoming primary elections in Massachusetts, listing the candidates for each state and federal office in every voting district in the State, and identifying each one as either supporting or opposing appellee's views. While some 400 candidates were listed, the photographs of only 13 were featured, all of whom were identified as favoring appellee's views. The publication was prepared by a staff that had prepared no regular newsletter, was distributed to a much larger audience than that of the regular newsletter, most of whom were members of the general public, and was financed by money taken from appellee's general treasury funds. A complaint was filed with appellant Federal Election Commission (FEC) alleging that the "Special Edition" violated § 316 as representing an expenditure of funds from a corporate treasury to distribute to the general public a campaign flyer on behalf of certain political candidates. After the FEC determined that there was probable cause to believe that appellee had violated the statute, the FEC filed a complaint in Federal District Court, seeking a civil penalty and other relief. The District Court granted appellee's motion for summary judgment, holding that § 316 did not apply to appellee but that if it did it was unconstitutional as a violation of the First Amendment. The Court of Appeals held that the statute applied to appellee and as so applied was unconstitutional.

Held: The judgment is affirmed.

769 F.2d 13, affirmed.

Justice BRENNAN delivered the opinion of the Court as to Parts I, II, III-B, and III-C, concluding that:

1. Appellee's publication and distribution of the "Special Edition" violated § 316. Pp. 245-251.

(a) There is no merit to appellee's contention that preparation and distribution of the "Special Edition" does not fall within § 316's definition of "expenditure" as the provision of various things of value "to any candidate, campaign committee, or political party or organization, in connection with any election," especially since the general definitions section of the FECA broadly defines "expenditure" as including provision of anything of value made "for the purpose of influencing any election for Federal office." Moreover, the legislative history clearly confirms that § 316 was meant to proscribe expenditures in connection with an election. That history makes clear that Congress has long regarded it as insufficient merely to restrict payments made directly to candidates or campaign organizations. Pp. 245-248.

(b) An expenditure must constitute "express advocacy" in order to be subject to § 316's prohibition. Here, the publication of the "Special Edition" constituted "express advocacy," since it represented express advocacy of the election of particular candidates distributed to members of the general public. Pp. 248-250.

(c) Appellee is not entitled to the press exemption under the FECA reserved for any news story, commentary, or editorial distributed through any "periodical publication," since even assuming that appellee's regular newsletter is exempt under this provision, the "Special Edition" cannot be considered comparable to any single issue of the newsletter in view of the method by which it was prepared and distributed. Pp. 250-251.

2. Section 316's restriction of independent spending is unconstitutional as applied to appellee, for it infringes protected speech without a compelling justification for such infringement. The concern underlying the regulation of corporate political activity—that organizations that amass great wealth in the economic marketplace not gain unfair advantage in the political marketplace—is absent with regard to appellee. Appellee was formed to disseminate political ideas, not to amass capital. It has no shareholders or other persons having a claim on its assets or earnings, but obtains its funds from persons who make contributions to further the organization's political purposes. It was not established by a business corporation or a labor union, and its policy is not to accept contributions from such entities. Pp. 256-265.

Justice BRENNAN, joined by Justice MARSHALL, Justice POWELL, and Justice SCALIA, concluded in Part III-A that the practical effect of applying § 316 to appellee of discouraging protected speech is sufficient to characterize § 316 as an infringement on First Amendment activities. As a corporation, appellee is subject to more extensive requirements and more stringent restrictions under the FECA than it would be if was not incorporated. These include detailed recordkeeping and disclosure obligations, the requirement of a complex and formalized organization, and a limitation on whom can be solicited for contributions, all of which create a disincentive for such an organization to engage in political speech. Pp. 251-256.

Justice O'CONNOR, agreeing that § 316 is unconstitutional as applied to appellee's conduct at issue, concluded that the significant burden on appellee comes not from the statute's disclosure requirements that appellee must satisfy, but from the additional organizational restraints imposed upon it by the statute. These restraints do not further the Government's informational interest in campaign disclosure and cannot be justified by any of the other interests identified by the FEC. Pp. 265-266.

BRENNAN, J., announced the judgment of the Court and delivered the opinion for a unanimous Court with respect to Parts I and II, an opinion of the Court with respect to Parts III-B and III-C, in which MARSHALL, POWELL, O'CONNOR, and SCALIA, JJ., joined, and an opinion with respect to Part III-A, in which MARSHALL, POWELL, and SCALIA, JJ., joined. O'CONNOR, J., filed an opinion concurring in part and concurring in the judgment, post, p. 265. REHNQUIST, C.J., filed an opinion concurring in part and dissenting in part, in which WHITE, BLACKMUN, and STEVENS, JJ., joined, post, p. 266. WHITE, J., filed a separate statement, post, p. 271.

Charles N. Steele, Washington, D.C., for appellant.

Francis H. Fox, Boston, Mass., for appellee.

Justice BRENNAN announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II, III-B, and III-C, and an opinion with respect to Part III-A, in which Justice MARSHALL, Justice POWELL, and Justice SCALIA join.

The questions for decision here arise under § 316 of the Federal Election Campaign Act (FECA or Act), 90 Stat. 490, as renumbered and amended, 2 U.S.C. § 441b. The first question is whether appellee Massachusetts Citizens for Life, Inc. (MCFL), a nonprofit, nonstock corporation, by financing certain activity with its treasury funds, has violated the restriction on independent spending contained in § 441b. That section prohibits corporations from using treasury funds to make an expenditure "in connection with" any federal election, and requires that any expenditure for such purpose be financed by voluntary contributions to a separate segregated fund. If appellee has violated § 441b, the next question is whether application of that section to MCFL's conduct is constitutional. We hold that the appellee's use of its treasury funds is prohibited by § 441b, but that § 441b is unconstitutional as applied to the activity of which the Federal Election Commission (FEC or Commission) complains.

I

A.

MCFL was incorporated in January 1973 as a nonprofit, nonstock corporation under Massachusetts law. Its corporate purpose as stated in its articles of incorporation is:

"To foster respect for human life and to defend the right to life of all human beings, born and unborn, through educational, political and other forms of activities and in addition to engage in any other lawful act or activity for which corporations may be organized. . . ." App. 84.

MCFL does not accept contributions from business corporations or unions. Its resources come from voluntary donations from "members," and from various fund-raising activities such as garage sales, bake sales, dances, raffles, and picnics. The corporation considers its "members" those persons who have either contributed to the organization in the past or indicated support for its activities.1

Appellee has engaged in diverse educational and legislative activities designed to further its agenda. It has organized an ecumenical prayer service for the unborn in front of the Massachusetts Statehouse; sponsored a regional conference to discuss the issues of abortion and euthanasia; provided speakers for discussion groups, debates, lectures, and media programs; and sponsored an annual March for Life. In addition, it has drafted and submitted legislation, some of which has become law in Massachusetts; sponsored testimony on proposed legislation; and has urged its members to contact their elected representatives to express their opinion on legislative proposals.

MCFL began publishing a newsletter in January 1973. It was distributed as a matter of course to contributors, and, when funds permitted, to noncontributors...

To continue reading

Request your trial
339 cases
  • American Library Ass'n v. Thornburgh
    • United States
    • U.S. District Court — District of Columbia
    • 16 Mayo 1989
    ...do not prohibit but do regulate First Amendment material are unconstitutional. See, e.g., FEC v. Massachussetts Citizens for Life, Inc., 479 U.S. 238, 107 S.Ct. 616, 626, 93 L.Ed.2d 539 (1986); Bantam Books, Inc. v. Sullivan, 372 U.S. 58, 83 S.Ct. 631, 9 L.Ed.2d 584 (1963) ("warning" notice......
  • Taking Offense v. State
    • United States
    • California Court of Appeals Court of Appeals
    • 16 Julio 2021
    ...interest (e.g. Meyer v. Grant (1988) 486 U.S. 414, 426, 108 S.Ct. 1886, 100 L.Ed.2d 425 ; FEC v. Massachusetts Citizens for Life, Inc. (1986) 479 U.S. 238, 262, 107 S.Ct. 616, 93 L.Ed.2d 539 ), must not be overinclusive, meaning the law may not restrict speech that does not implicate the go......
  • Becker v. Federal Election Commission
    • United States
    • U.S. Court of Appeals — First Circuit
    • 5 Octubre 2000
    ...indicates that "activities not specifically enumerated in that section may nonetheless be encompassed by it." FEC v. Massachusetts Citizens For Life, Inc., 479 U.S. 238, 246 (1986). Thus the definitions are not only of uncertain scope but also employ language suggestive of The language and ......
  • Federal Election Com'n v. Christian Coalition
    • United States
    • U.S. Court of Appeals — District of Columbia Circuit
    • 2 Agosto 1999
    ...in connection with any [federal election]. Id. § 441b(b)(2) (emphasis added).7 In analyzing a First Amendment challenge to § 441b, the MCFL Court followed Buckley's two-step analysis. MCFL first declared that the "express advocacy" limitation also applies to § 441b's restriction on independ......
  • Request a trial to view additional results
22 books & journal articles
  • Election law violations.
    • United States
    • American Criminal Law Review Vol. 45 No. 2, March 2008
    • 22 Marzo 2008
    ...election or defeat of federal candidates with funds derived from corporate treasury); see also FEC v. Massachusetts Citizens for Life, 479 U.S. 238 (1986) (holding [section] 441b's ban on expenditures unconstitutional as applied to nonprofit corporation that expressly advocated election and......
  • Election law violations.
    • United States
    • American Criminal Law Review Vol. 46 No. 2, March 2009
    • 22 Marzo 2009
    ...communication, a previous case upheld the ban on corporate-funded election advocacy. See also FEC v. Massachusetts Citizens for Life, 479 U.S. 238, 263-64 (1986) (holding [section] 441b's ban on expenditures unconstitutional as applied to nonprofit corporation that expressly advocated elect......
  • Has the Supreme Court really turned RICO upside down?: an examination of NOW v. Scheidler.
    • United States
    • Journal of Criminal Law and Criminology Vol. 85 No. 4, March 1995
    • 22 Marzo 1995
    ...Servs., 492 U.S. 490 (1989); Bowen v. Kendrick, 487 U.S. 589 (1988); Federal Election Comm'n v. Massachusetts Citizens for Life, Inc., 479 U.S. 238 (1986); Bellotti v. Baird, 443 U.S. 622 (1979); Carey v. Population Servs. Int'l, 431 U.S. 678 (1977); Virginia State Bd. of Pharmacy v. Virgin......
  • Freedom of speech, permissible tailoring and transcending strict scrutiny.
    • United States
    • University of Pennsylvania Law Review Vol. 144 No. 6, June 1996
    • 1 Junio 1996
    ...See, e.g., Eu, 489 U.S. at 226, 228-29 (1989); Meyer v. Grant, 486 U.S. 414, 426 (1988); FEC v. Massachusetts Citizens for Life, Inc., 479 U.S. 238, 262 (1986); Globe Newspaper Co. v. Superior Court, 457 U.S. 596, 609-10 (1982); First Nat'l Bank v. Bellotti, 435 U.S. 765, 789-90 (1978); Buc......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT