Case 1:17-cv-22643-MGC Document 179 Entered on FLSD Docket 04/26/2022 Page 17 of 21
26-27, 96 S. Ct. 612, 46 L. Ed. 2d 659 (1976) (per curiam). At the same time, we
have made clear that Congress may not regulate contributions simply to reduce the
amount of money in politics, or to restrict the political participation of some in order
to enhance the relative influence of others. See, e.g., Arizona Free Enterprise
Club’s Freedom Club PAC v. Bennett, 564 U.S. 721, 749-750, 131 S. Ct. 2806,
2827, 180 L. Ed. 2d 664, 686 (2011).
Many people might find those latter objectives attractive: They would be
delighted to see fewer television commercials touting a candidate’s
accomplishments or disparaging an opponent’s character. Money in politics may at
times seem repugnant to some, but so too does much of what the First Amendment
vigorously protects. If the First Amendment protects flag burning, funeral protests,
and Nazi parades—despite the profound offense such spectacles cause—it surely
protects political campaign speech despite popular opposition.
See Texas v. Johnson, 491 U.S. 397, 109 S. Ct. 2533, 105 L. Ed. 2d 342
(1989); Snyder v. Phelps, 562 U.S. 443, 131 S. Ct. 1207, 179 L. Ed. 2d 172
(2011); National Socialist Party of America v. Skokie, 432 U.S. 43, 97 S. Ct. 2205,
53 L. Ed. 2d 96 (1977) (per curiam). Indeed, as we have emphasized, the First
Amendment “has its fullest and most urgent application precisely to the conduct of
campaigns for political office.” Monitor Patriot Co. v. Roy, 401 U.S. 265, 272, 91
S. Ct. 621, 28 L. Ed. 2d 35 (1971).
McCutcheon v. FEC, 572 U.S. 185, 191-92, 134 S. Ct. 1434, 1441 (2014). Thus, the analysis
should start with a recognition of the basic premise that spending money in elections is generally
a protected constitutional right under the First Amendment. Further, on the motion to dismiss
FEC’s amended complaint, the parties hotly debated whether the alleged conduct constituted a
direct violation of 52 U.S.C. § 30122’s prohibition on making contributions in the name of another.
The FEC claimed that Rivera “made” contributions “in the name of” the candidate Lamar Sternad
when Lamar Sternad falsely reported that some of the in-kind printing and shipping services his
campaign received were paid for with a personal loan from Sternad to his own campaign. There
was no allegation that Rivera falsely ascribed Sternad’s or anyone else’s name to his donations.
Instead, the FEC claims that Rivera told Alliegro to instruct Sternad to make the false report and
Sternad followed Rivera’s orders. However, as the hearing transcript reflects, it is debatable
whether these allegations state a violation of section 30122 which only prohibits “making” a
donation in the name of another, “accepting” a donation in the name of another, or “allowing”
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