Bluman v. Federal Election Commission
United States District Court for the District of Columbia
800 F. Supp. 2d 281 (2011)
- Written by Liz Nakamura, JD
Facts
Benjamin Bluman (plaintiff), a Canadian citizen, lived and worked in the United States on a temporary visa. Bluman wanted to make campaign contributions and to print and distribute flyers supporting President Obama’s reelection. The Bipartisan Campaign Reform Act (BCRA), a federal statute, prohibited foreign nationals from contributing to political campaigns and from making independent contributions in connection with electioneering communications. Bluman sued the Federal Election Commission (FEC) (defendant), arguing that (1) the BCRA was unconstitutional and (2) foreign citizens lawfully residing in the United States had a First Amendment right to make express-advocacy expenditures and contributions to candidates and political parties. Bluman acknowledged that, as a foreign national, he had no right to vote in U.S. elections; however, he argued that the prohibition on foreign nationals voting in U.S. elections was distinct from the First Amendment right to speak about American elections, including speech through financial contributions. The FEC moved to dismiss, arguing that the government had a compelling interest in preventing foreign nationals from participating in activities of U.S. democratic self-government.
Rule of Law
Issue
Holding and Reasoning (Kavanaugh, J.)
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