FOXNEWSW Shepard Smith Reporting March 21, 2017
Right. It says that. I was quoting buckley, im sure, our citing buckley to that effect. The question is what level of scrutiny should we apply to that case. Buckley suggests its something less than strict scrutiny in the First Amendment context for contributions. Thats the instruction that i as lower court judge have in the First Amendment context this. An equal protection challenge. Its not just contributions. Its the inequality of contributions thats the problem here. That this system favors Major Party Candidates over minor party candidates. Normally with a fundamental right in equal protec...