Free speech rights


Omaha World-Herald: Nebraska Attorney General Jon Bruning was right on the money, so to speak, with a legal opinion warning of potential constitutional problems in the state’s campaign finance law.

The law probably violates free speech rights, Bruning said after analyzing a U.S. Supreme Court ruling that struck down Arizona’s campaign finance system.

Nebraska’s Campaign Finance Limitation Act funnels public dollars to candidates for all state offices except governor.

The section of the law endangered by the high court’s ruling spells out what triggers public funds for a candidate whose opponent either exceeds the state campaign spending limit or outpaces his or her estimated spending if it is above the voluntary limit.

In June, the Supreme Court said Arizona’s campaign finance law unfairly limited the free speech of candidates who raised private contributions or obtained donations from independent groups that exceeded state campaign spending limits.

Arizona ruling

While the two state laws have a number of differences, the Arizona ruling seems likely to bring a lawsuit challenging the constitutionality of the Nebraska law over just the issue Bruning put his finger on.