Statement of Administration Policy: S. 1806 - Campaign Finance Reform Act of 1985

(Senate)
(Boren (D) Oklahoma and 13 others)

The Administration opposes S. 1806 because of serious constitutional concerns with its provisions to limit campaign contributions. In particular, capping the total amount of contributions which may be made by all political action committees (PAC's) to a single candidate would violate the First Amendment by denying certain PAC's the opportunity to make any contribution after the ceiling amount has been reached.

Requiring broadcast stations to provide free equal time to candidates who have been the subject of a negative advertisement paid for by an independent expenditure by a PAC raises First Amendment concerns, because the requirement would probably reduce the amount and variety of political speech available to the public. In addition, this requirement may violate the Takings Clause of the Fifth Amendment, which prohibits private property from being taken for public use without just compensation.