Cao v. FEC

Issue: (1) Whether the holding that contributions may be limited under lowered scrutiny because they "do[] not communicate the underlying basis for the support," "involve[] little direct restraint on [speech]," "involve speech by someone [else]," and "transformation...into political debate involves [another's] speech," Buckley v. Valeo (1976), permits the government to restrict expenditures for communications constituting a political party's own speech because the communications are coordinated with a candidate; and (2) in the alternative, whether party-coordinated expenditures constituting a party's own speech may constitutionally be treated as contributions if the only coordination is "on which time slot the advertisement should run for maximum effectiveness," FEC v. Colorado Republican Federal Campaign Committee (2001).

Briefs and Documents

Certiorari-stage documents

• Opinion below (5th Circuit)
• Petition for certiorari
• Brief in opposition
• Petitioners' reply