The recent Supreme Court rulings on voting rights and election transparency have once again highlighted the enormous power the judicial branch has over the country's electoral process.
Last week, the court's conservative majority upheld a pair of voting laws that tightened the rules in Arizona. In a separate ruling, the justices struck down California's law requiring charitable nonprofits to privately disclose their top donors to the state attorney general. Both cases could have larger implications for the future of American democracy.
Throughout history, the Supreme Court has played an integral role in shaping how voters are represented, ballots are cast and elections are financed. Here are seven landmark cases from the last six decades:
In 1961, a group of Alabama voters challenged the apportionment of the state Legislature, arguing it violated the equal protection clause of the Fourteenth Amendment. At the time, Alabama required each county to have at least one representative and allowed as many senators as there were senatorial districts. This led to unequal representation due to large population discrepancies across the districts.
The Supreme Court ruled that legislative districts within a state must have substantially equal representation for all citizens. This ruling has ensured districts maintain even representation when redrawn each decade during redistricting.
Sign up for The Fulcrum newsletter
In an attempt to curb political corruption following the Watergate scandal, Congress established limits on election spending through the 1971 Federal Election Campaign Act. This case challenged whether those restrictions violated the First Amendment.
In 1976, the Supreme Court arrived at two conclusions with this case, making a distinction between contributions and expenditures. First, the justices determined that a limit on how much an individual can donate to political campaigns and candidates did not violate the First Amendment because it "served the government's interest in safeguarding the integrity of elections." However, the court also found that limits on expenditures by campaigns and candidates did violate the freedoms of speech and association because this practice does not necessarily enhance the potential for corruption in elections.
Also in this ruling, the court overturned FECA's disclosure requirement for independent expenditures made for the purpose of influencing federal elections. This established the two types of political advertising seen today: express advocacy and issue advocacy. Express advocacy ads require disclosure because they explicitly support or oppose a candidate. Issue advocacy ads, on the other hand, mention broad political topics, but not campaigns, and so disclosure is not required. However, there can be ambiguity between the two, leading to calls for more transparency of the wealthy special interests influencing elections.
Following the 1990 census, Georgia lawmakers redrew the state's election maps to create a third majority-Black district. However, the new district was so severely gerrymandered that it packed Atlanta's Black neighborhoods in with other Black communities 260 miles away along the Atlantic coast.
Voters in this distorted district challenged the map, arguing it was a racial gerrymander in violation with the equal protection clause of the Fourteenth Amendment. The Supreme Court ruled that the district did constitute a racial gerrymander. In some instances, the court held, a reapportionment plan may be so irregular that it cannot be rationally understood as anything but an effort to racially segregate voters.
The 2002 Bipartisan Campaign Reform Act barred electioneering communication advertising run on broadcast, cable or satellite services and mentioning a candidate within 60 days of a general election and 30 days of a primary. Citizens United, a conservative advocacy nonprofit, challenged this rule after its movie criticizing then-presidential candidate Hillary Clinton was blocked by the Federal Election Commission for airing too close to an election.
The Supreme Court struck down this provision of BCRA, ruling that corporate funding of independent political broadcasts cannot be restricted under the First Amendment. However, the court upheld the requirement that electioneering communication be subject to disclaimers and disclosure of sponsors.
More than a decade after the ruling, Citizens United v. FEC is often labeled as the ultimate antagonist of the democracy reform movement. Its harshest critics use the case as shorthand for a campaign financing system that gives a lopsided political advantage to the wealthiest individuals, corporations and other entities. But proponents, mostly conservatives, still hail the ruling as a major victory for free speech and political expression.
A common misconception is that the Citizens United ruling gave rise to super PACs. But it was actually the D.C. Circuit Court of Appeals decision the same year in SpeechNow.org v. FEC.
In 2013, the Supreme Court struck down a key provision of the 1965 Voting Rights Act, known as preclearance. Prior to this ruling, certain states and counties with histories of racial discrimination had to get prior federal approval of their proposed changes to voting procedures. But the court found that this constraint, while appropriate in the past, was no longer necessary and placed an unconstitutional burden on states.
Since then, voting rights advocates claim the lack of preclearance has allowed state lawmakers to significantly roll back voting access. But others argue what remains of the Voting Rights Act is enough to protect against discriminatory laws.
The Bipartisan Campaign Reform Act set a cap on the total dollars an individual could give to candidates, political parties and political action committees in a two-year election cycle. The law was intended to curb political corruption, but a decade after enactment, it was challenged for violating the First Amendment.
The Supreme Court ruled in 2014 that the aggregate limit failed to prevent corruption or meet the "rigorous" standard of review set by previous campaign finance cases, and therefore it was unconstitutional. There are still limits on how much an individual can give to a single candidate, party or committee, though.
This ruling opened up opportunities for wealthy donors to give to as many political entities as they want. It also led to the creation of joint fundraising committees partnerships in which campaigns and party committees collect one large check from each donor and split the proceeds.
Two years ago, the Supreme Court ruled that cases involving partisan gerrymandering were not justiciable because the issue falls outside the purview of federal courts. The case was brought to the court after North Carolina's maps were challenged for constituting an illegal partisan gerrymander.
This ruling was seen as a massive setback for anti-gerrymandering advocates who had hoped the high court would intervene in extreme gerrymandering cases, such as the one in North Carolina. Now, it will be left up to state courts to decide when gerrymandering goes too far.
From Your Site Articles
Related Articles Around the Web
Excerpt from:
7 Supreme Court cases that have shaped American elections - The Fulcrum
- Trump: First Amendment protects efforts to overturn election - USA TODAY - March 29th, 2024 [March 29th, 2024]
- To Fight Ban Bill, TikTok's Best Hopes Lie in First Amendment Challenge - The Information - March 29th, 2024 [March 29th, 2024]
- Supreme Court must rely on the First Amendment, not its own precedent, when deciding government censorship case - Washington Examiner - March 29th, 2024 [March 29th, 2024]
- FIRST AMENDMENT VIOLATION?: Man removed from Cape council meeting files lawsuit - FOX 4 News Fort Myers WFTX - March 29th, 2024 [March 29th, 2024]
- Trump team's First Amendment argument is 'so weak' in Georgia election interference case - MSNBC - March 29th, 2024 [March 29th, 2024]
- Trump's team cites First Amendment in contesting charges in Georgia election interference case - The Associated Press - March 29th, 2024 [March 29th, 2024]
- A national TikTok ban and the First Amendment - National Constitution Center - March 29th, 2024 [March 29th, 2024]
- Trump attorney says Georgia election case hinges on First Amendment Deseret News - Deseret News - March 29th, 2024 [March 29th, 2024]
- Trump's team cites First Amendment in contesting charges in Georgia election interference case - The Atlanta Journal Constitution - March 29th, 2024 [March 29th, 2024]
- Courts Should Affirm First Amendment Rights of Youths in the Digital Age: The Case for a 21stCentury Tinker - Cato Institute - March 29th, 2024 [March 29th, 2024]
- Trump legal news brief: Prosecutors tell Judge McAfee that First Amendment doesn't apply to Trump's 'criminal intentions' - Yahoo! Voices - March 29th, 2024 [March 29th, 2024]
- Trump attorney tries to have Georgia case dismissed on First Amendment grounds - MSNBC - March 29th, 2024 [March 29th, 2024]
- Trump attorney, prosecutors spar over move to have Georgia case dismissed on First Amendment grounds - 11Alive.com WXIA - March 29th, 2024 [March 29th, 2024]
- Donald Trump Georgia court motions hearing today live stream - 11Alive.com WXIA - March 29th, 2024 [March 29th, 2024]
- Trump's team cites First Amendment in contesting charges in Georgia election interference case - Bowling Green Daily News - March 29th, 2024 [March 29th, 2024]
- First Amendment protects Trump from Fani Williss election interference charges, attorney argues - Washington Examiner - March 29th, 2024 [March 29th, 2024]
- Judicial Rulemaking and Lucidity: Justice Barrett's First Amendment Opinion in Lindke v. Freed - American Enterprise Institute - March 29th, 2024 [March 29th, 2024]
- First Amendment protects Trump from Fani Willis's election interference charges, attorney argues - Colorado Springs Gazette - March 29th, 2024 [March 29th, 2024]
- Trump's team cites First Amendment in contesting election interference charges - Southernminn.com - March 29th, 2024 [March 29th, 2024]
- Trump's team cites First Amendment in contesting charges in Georgia election interference case - messenger-inquirer - March 29th, 2024 [March 29th, 2024]
- Lawyers for the State argue against Trump First Amendment challenge in Georgia case - 11Alive.com WXIA - March 29th, 2024 [March 29th, 2024]
- OPINION: The possible TikTok ban is an infringement on our First Amendment rights - The Suffolk Journal - March 29th, 2024 [March 29th, 2024]
- Trump's team cites First Amendment in contesting charges in Georgia election interference case - Times Daily - March 29th, 2024 [March 29th, 2024]
- An iPhone, YouTube & the First Amendment: Man in St Louis tests boundaries of constitution through videos - First Alert 4 - March 29th, 2024 [March 29th, 2024]
- Lawyer argues Georgia election RICO case against Trump be dismissed over First Amendment - 11Alive.com WXIA - March 29th, 2024 [March 29th, 2024]
- Abridging, Not Coercing, Is The First Amendment's Yardstick for Speech Violations - Reason - March 29th, 2024 [March 29th, 2024]
- Judge hears Trump's First Amendment challenge to Georgia charges: Watch live - Yahoo Singapore News - March 29th, 2024 [March 29th, 2024]
- Trump's attorney says election inference case should be thrown out over 1st Amendment protections - Yahoo! Voices - March 29th, 2024 [March 29th, 2024]
- Judge hears Trump's First Amendment challenge to Georgia charges: Watch live - AOL - March 29th, 2024 [March 29th, 2024]
- Judge sets new hearing date in 2020 Georgia election interference case - 11Alive.com WXIA - March 29th, 2024 [March 29th, 2024]
- Biden Wants To Avoid a First Amendment Showdown Over WikiLeaks - Reason - March 22nd, 2024 [March 22nd, 2024]
- Justice Ketanji Brown Jackson raises eyebrows with comment that First Amendment 'hamstrings' government - Fox News - March 22nd, 2024 [March 22nd, 2024]
- West Texas drag show becomes a First Amendment battleground - The Texas Tribune - March 22nd, 2024 [March 22nd, 2024]
- Requiring ugly images of smoking's harm on cigarettes won't breach First Amendment, court says - The Associated Press - March 22nd, 2024 [March 22nd, 2024]
- The First Amendment, the Fourth Amendment, and Substantial Encouragement - Reason - March 22nd, 2024 [March 22nd, 2024]
- News/Media Alliance Joins Brief Defending First Amendment Editorial Rights of Documentarians - News/Media Alliance - March 22nd, 2024 [March 22nd, 2024]
- The State of the First Amendment: Free Speech - University of Colorado Boulder - March 22nd, 2024 [March 22nd, 2024]
- Justices Seem Likely to Side With N.R.A. in First Amendment Dispute - The New York Times - March 22nd, 2024 [March 22nd, 2024]
- Supreme Court Justice Kavanaugh loses patience with the judiciarys far right - Vox.com - March 22nd, 2024 [March 22nd, 2024]
- Justice Jackson ripped for worrying about the First Amendment 'hamstringing' government: 'Literally the point' - Fox News - March 22nd, 2024 [March 22nd, 2024]
- Analysis: SCOTUS Oral Arguments Bode Well For NRA First Amendment Claim [Member Exclusive] - The Reload - March 22nd, 2024 [March 22nd, 2024]
- Supreme Court to hear First Amendment challenge to New York's financial 'blacklisting' of NRA - Fox News - March 22nd, 2024 [March 22nd, 2024]
- NRA Goes To The Supreme Court Today In First Amendment CaseHere's What To Know - Forbes - March 22nd, 2024 [March 22nd, 2024]
- Supreme Court to hear case of former Castle Hills councilwoman who claims First Amendment rights were violated - KSAT San Antonio - March 22nd, 2024 [March 22nd, 2024]
- Supreme Court to hear arguments in key First Amendment case challenging Biden admin teamwork with Big Tech - Fox News - March 22nd, 2024 [March 22nd, 2024]
- "Black Lives Mat[t]er" + "Any Life" Drawing "Not Protected by the First Amendment" in First Grade - Reason - March 22nd, 2024 [March 22nd, 2024]
- Requiring ugly images of smoking's harm on cigarettes won't breach First Amendment, court says - KXLY Spokane - March 22nd, 2024 [March 22nd, 2024]
- Supreme Court hears free speech case that united the NRA and the ACLU - The Washington Post - March 22nd, 2024 [March 22nd, 2024]
- Supreme Court Wary of States' Bid to Limit Federal Contact With Social Media Companies - The New York Times - March 22nd, 2024 [March 22nd, 2024]
- Opinion: A First Amendment Fizzle at the U.S. Supreme Court - The Atlanta Journal Constitution - March 22nd, 2024 [March 22nd, 2024]
- The First Amendment is under attack in Americas Oceania - Washington Examiner - March 22nd, 2024 [March 22nd, 2024]
- Education Institutions Grapple With Overlap of First Amendment and Anti-Discrimination Laws - JD Supra - March 22nd, 2024 [March 22nd, 2024]
- Requiring ugly images of smoking's harm on cigarettes won't breach First Amendment, court says - The Caledonian-Record - March 22nd, 2024 [March 22nd, 2024]
- Note to Justice Jackson: First Amendment Should Hamstring Biden - Daily Signal - March 22nd, 2024 [March 22nd, 2024]
- Requiring ugly images of smoking's harm on cigarettes won't breach First Amendment, court says - KEYT - March 22nd, 2024 [March 22nd, 2024]
- The First Amendment Supreme Court case right wingers are crazy for - The Independent - March 22nd, 2024 [March 22nd, 2024]
- Ketanji Brown Jackson concerned First Amendment is hamstringing government from censorship - Washington Examiner - March 22nd, 2024 [March 22nd, 2024]
- Justice Jackson: First Amendment "Hamstringing" Federal Response To "Threatening Circumstances, From The ... - RealClearPolitics - March 22nd, 2024 [March 22nd, 2024]
- Opinion: Sen. Chuck Grassley should stand up for the First Amendment and support the PRESS Act - The Gazette - March 18th, 2024 [March 18th, 2024]
- The Supreme Court must protect the First Amendment in Murthy v. Missouri - Washington Examiner - March 18th, 2024 [March 18th, 2024]
- A Hillsborough judge invokes the First Amendment in a case related to a 2022 election campaign - WMNF - March 18th, 2024 [March 18th, 2024]
- John Stockton's lawyer claims first amendment violation as basis for COVID-19 lawsuit - KXLY Spokane - March 18th, 2024 [March 18th, 2024]
- Scientology Scores A First Amendment Win Over Leah Remini, But Harassment Claims Against Church Still Stand, Judge Rules - Deadline - March 18th, 2024 [March 18th, 2024]
- Supreme Court to hear First Amendment cases, weigh in on Texas immigration law - MSN - March 18th, 2024 [March 18th, 2024]
- 7 Expert Takeaways As the Supreme Court Considers Government Influence on Content Moderation - Just Security - March 18th, 2024 [March 18th, 2024]
- Conflict between First Amendment and discrimination on Broadway | Strictly Legal - The Cincinnati Enquirer - March 18th, 2024 [March 18th, 2024]
- Maryland fraternities petition federal judge - Baltimore Sun - March 18th, 2024 [March 18th, 2024]
- Supreme Court to debate whether White House crosses First Amendment line on social media disinformation - News-Press Now - March 18th, 2024 [March 18th, 2024]
- Broadway Actors Race Discrimination Claims Sent Back to the Underworld in the Face of Producers First Amendment ... - JD Supra - March 18th, 2024 [March 18th, 2024]
- Congress Should Give Up on Unconstitutional TikTok Bans - EFF - March 18th, 2024 [March 18th, 2024]
- U.S. House Votes in Favor of TikTok Ban Bill Amid First Amendment and Other Questions - Democracy Now! - March 18th, 2024 [March 18th, 2024]
- Review of Amicus Briefs Filed in Murthy v. Missouri Before the Supreme Court | TechPolicy.Press - Tech Policy Press - March 18th, 2024 [March 18th, 2024]
- Supreme Court defines when it's illegal for public officials to block social media critics - The Verge - March 18th, 2024 [March 18th, 2024]
- Doctor sues state of WA for his First Amendment rights - KXLY Spokane - March 18th, 2024 [March 18th, 2024]
- ACLU To Defend NRA as Supreme Court Weighs Whether New York Violated Gun Group's First Amendment Rights - The New York Sun - March 18th, 2024 [March 18th, 2024]
- U.Va. alumna settles First Amendment lawsuit against the University after her expulsion in abeyance - University of Virginia The Cavalier Daily - March 2nd, 2024 [March 2nd, 2024]
- The Oregonian/OregonLive wins First Amendment ruling in Nike documents case - OregonLive - March 2nd, 2024 [March 2nd, 2024]
- Progressive attacks on the US constitution escalate - UnHerd - March 2nd, 2024 [March 2nd, 2024]
- Artificial intelligence: Tennessee ELVIS Act threatens First Amendment - Tennessean - March 2nd, 2024 [March 2nd, 2024]
- Eighth Circuit: Fun With the First Amendment - Law.com - March 2nd, 2024 [March 2nd, 2024]