Arizona Free Enterprise Club’s Freedom Club PAC, et al. v. Ken Bennett, Amicus Brief for Gun Owners of America, et al. in the U.S. Supreme Court

Michael Harless Election Law, U. S. Supreme Court

Today our firm filed an amicus brief in the case of Arizona Free Enterprise Club’s Freedom Club PAC, et al. v. Ken Bennett in the United States Supreme Court in support of petitioners.

Our brief argues that the Arizona system of public financing of campaigns for election to public office, the Arizona Citizens Clean Election Act, is unconstitutional to its core. Contrary to the analysis of the lower court, the public financing system approved in Buckley v. Valeo does not govern this case as Buckley permits only voluntarily-funded public financing of elections, while a ten percent surcharge on civil penalties and criminal fines unconstitutionally funds the Arizona public financing system. Further, the Arizona act unconstitutionally abridges petitioners’ privileges and immunities in violation of the Fourteenth Amendment. Our brief further argues that the Buckley rationale for public financing of election campaigns is fundamentally flawed and that the Arizona public financing scheme is antithetical to First Amendment principles.

Our amicus brief was filed on behalf of:
Gun Owners of America, Inc. (
Gun Owners Foundation (
Citizens United (
Citizens United Foundation (
U.S. Justice Foundation (
Arizona State Chapter of the Association of American Physicians and Surgeons (
Institute on the Constitution (, Inc. (
Campaign for Liberty (
Conservative Legal Defense and Education Fund (
Policy Analysis Center
The Lincoln Institute for Research and Education (
Constitution Party National Committee (
Public Advocate of the United States (

Link to brief