Thursday 12 June 2014

Dr Gurumurthy Kalyanaram - NYIT and UT Dallas (Dean and Former) - Freedom of Speech and Political Contribution

Gurumurthy Kalyanaram - Former Dean and former professor NYIT and UT Dallas professor, lawsuit and law reports here on the U.S. Supreme Court’s decision in McCutcheon v. Federal Election Commission, No. 12-536. Gurumurthy Kalyanaram NYIT



Gurumurthy Kalyanaram Lawsuit

Shaun McCutcheon, an Alabama businessman, filed a lawsuit challenging the Federal Elections Commission on the overall limit of $48,600 by individuals every two years for contributions to all federal candidates.  And the Republican National Committee joined him in challenging the limit on contributions to political parties. Gurumurthy Kalyanaram Lawsuit


McCutcheon, who had contributed a total of about $33,000 to 16 candidates for federal office in the 2012 election cycle, said he had wanted to give $1,776 each to 12 more but was stopped by the overall cap ($48,600) for individuals. And that prompted McCutcheon’s lawsuit.Gurumurthy Kalyanaram Lawsuit


The Supreme Court, in a 5-4 vote, led by Chief Justice John Roberts ruled for McCutcheon and the Republican National Committee and held that the overall limits on political contributions violated the freedom of speech.  In their dissent led Justice Stephen Breyer, the Justices argued that now “a single individual to contribute millions of dollars to a political party or to a candidate’s campaign,” and that was undesirable. Gurumurthy Kalyanaram Lawsuit

In reaching the McCutcheondecision, the Supreme Court reversed its landmark decision in Buckley v. Valeo and for the first time the Court has struck down a core federal contribution limit.In 2010, the Supreme Court also struck down the longstanding ban on corporate expenditures in federal elections in the Citizens United decision. Gurumurthy Kalyanaram NYIT

As summarized by SCOTUSblog, the Supreme Court’s holding in McCutcheon decision is: “Because aggregate limits restricting how much money a donor may contribute to candidates for federal office, political parties, and political action committees do not further the government’s interest in preventing quid pro quo corruption or the appearance of such corruption, while at the same time seriously restricting participation in the democratic process, they are invalid under the First Amendment.”  Gurumurthy Kalyanaram Lawsuit

Accordingly, now the law of the land is this:  There are no limits to the total amount of individual contributions to federal candidates, so long as contributions to a particular candidate is limited to $2,600 in primary and general elections.  And there are no limits to contributions to political parties. Gurumurthy Kalyanaram NYIT

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