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Campaign funding and free speech

Arizona Free Enterprise Club's Freedom Club PAC v. Bennett

Updated Oct 18, 2026

In brief

The Supreme Court overturned the Ninth Circuit’s ruling, deciding that Arizona’s matching-funds system could not survive First Amendment review.

Where it stands
Decided

Decided 5-4 · June 27, 2011 · Opinion by Chief Justice Roberts

What it’s about
Arizona’s public-financing law gave candidates who accepted public funds extra money based on opponents’ spending, and the Arizona Free Enterprise Club challenged it under the First Amendment.
Who it affects
Arizona cannot use the challenged formula to give publicly funded candidates extra money based on opponents’ spending.

Summary: written with AI from the case record.

Illustration for Arizona Free Enterprise Club's Freedom Club PAC v. Ken Bennett, in His Official Capacity as Arizona Secretary of State
Conceptual illustration · AI-generated

What it's about

The Supreme Court overturned the Ninth Circuit’s ruling, deciding that the matching-funds system significantly burdened political speech without a compelling enough justification.

Arizona’s program tied extra public funds for participating candidates to the amount their opponents raised or spent.

Question presented

Does the First Amendment prohibit linking the funds participating candidates receive in an election to the amount of money raised by or spent on behalf of their opponents?

What the Court decided

Holding

Arizona’s matching funds scheme substantially burdens political speech and is not sufficiently justified by a compelling interest to survive First Amendment scrutiny. 611 F. 3d 510, reversed.

Result
Reversed

The Court's reasoning

The Court said the matching-funds formula put a substantial burden on political speech, and that no sufficiently strong public interest justified that burden under the First Amendment.

The vote

  • Joined the judgment
  • Dissented
  • Wrote an opinion
Majority · 5joined the Court's opinion
  1. Thomas
  2. Scalia
  3. Kennedy
  4. Robertswrote the opinion
  5. Alito
Dissenting · 4disagreed with the result
  1. Breyer
  2. Kaganwrote the dissent
  3. Ginsburg
  4. Sotomayor
5 justices joined the judgment, 4 dissented.

From the opinions

“But these measures do not work.”

— Justice Kagan(dissent)

What's next

Arizona election officials must follow the Court’s ruling when administering the state’s public-financing program.

Documents

2

Opinions

  • Bennett

    Roberts, Kagan, Ginsburg, Breyer, Sotomayor

Audio

View the full docket on supremecourt.gov

Docket activity

10
  • New analysis added

    Oct 18, 2026 · Court records

  • AI analysis generated: Case Briefing

    Oct 18, 2026 · Generated

  • New analysis added

    Oct 18, 2026 · Court records

  • AI analysis generated: Impact Analysis

    Oct 18, 2026 · Generated

  • AI analysis generated: Opinion Summary

    Oct 18, 2026 · Generated

Show 5 more
  • AI analysis generated: Decision Record

    Oct 18, 2026 · Generated

  • Case data updated: summary, question_presented, generation_metadata

    Oct 18, 2026 · Court records

  • Case data updated: question_presented, extraction_metadata

    Oct 17, 2026 · Court records

  • Audio Recording added: Oral Arguments - Bennett

    Oct 30, 2014 · Court records

  • Opinion added: Bennett

    Jun 27, 2011 · Court records

Sources

Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.

Checked Oct 18, 2026Methodology

Court records and filings

Reporting and analysis