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👩🏾‍⚖️AP US Government Unit 5 Review

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5.11 Campaign Finance

👩🏾‍⚖️AP US Government
Unit 5 Review

5.11 Campaign Finance

Written by the Fiveable Content Team • Last updated September 2025
Verified for the 2026 exam
Verified for the 2026 examWritten by the Fiveable Content Team • Last updated September 2025
👩🏾‍⚖️AP US Government
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Modern American campaigns depend heavily on money. Whether it’s for TV ads, social media outreach, field organizing, or fundraising events, money enables candidates to compete and stay relevant. However, this reliance on financing has sparked decades of legal and political debate. How much money is too much? Should money be treated as speech? And what can Congress or the courts do to regulate campaign finance without infringing on constitutional rights?


Campaign Finance Legislation and Judicial Rulings

Efforts to regulate campaign finance began in earnest during the 1970s, as campaigns became more expensive and televised ads more influential.

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Federal Election Campaign Act (FECA, 1971/1974)

  • The FECA created disclosure requirements for federal candidates and limited contributions from individuals and PACs.
  • In 1974, Congress amended FECA to create the Federal Election Commission (FEC), an independent agency tasked with enforcing campaign finance laws.

Buckley v. Valeo (1976)

This case tested the constitutionality of FECA's spending limits. The Supreme Court upheld contribution limits but struck down restrictions on how much candidates could spend on their own campaigns.

The Court argued that while limiting donations helps prevent corruption, limiting a candidate’s personal spending violates the First Amendment’s protection of political expression.

The result: Money was increasingly seen as a form of free speech, and personal wealth became an advantage in elections.


The Bipartisan Campaign Reform Act (BCRA, 2002)

Also known as the McCain-Feingold Act, the BCRA was passed to close several campaign finance loopholes and reduce the influence of "soft money" in federal elections.

Key provisions:

  • Banned soft money contributions to national political parties
  • Limited issue ads funded by corporations and unions 30 days before a primary or 60 days before a general election
  • Introduced the now-familiar “I’m [name], and I approve this message” requirement for ads funded by campaigns

The law attempted to shift influence away from large donors and restore transparency to campaign advertising. But BCRA's effects would be short-lived, largely undone by later court rulings.


Citizens United v. FEC (2010)

This landmark case permanently altered the landscape of American campaign finance.

The Case:

  • Citizens United, a conservative nonprofit, wanted to air a film critical of Hillary Clinton close to the 2008 Democratic primary.
  • The FEC blocked the film, citing the BCRA’s ban on corporate-funded electioneering communications within 60 days of an election.

Citizens United sued, arguing the ban violated their First Amendment rights.

The Ruling:

In a 5-4 decision, the Supreme Court sided with Citizens United.

  • It ruled that corporations, labor unions, and associations have the same free speech rights as individuals.
  • The government cannot limit independent political spending by these groups, as long as it is not directly coordinated with a candidate.

This decision struck down key provisions of the BCRA and redefined political spending as protected speech.

Citizens United v. FEC opened the door to unlimited independent expenditures, leading to the rise of Super PACs, groups that can raise and spend unlimited funds to support or oppose candidates, as long as they do not coordinate with campaigns.

This change had an immediate and lasting effect on American elections. Total independent spending skyrocketed, from about $574 million in 2008 (pre-Citizens United) to $1.3 billion in 2012, and continued rising to $3.3 billion by 2020 and $4.5 billion in 2024. Billionaire and corporate contributions through Super PACs (notably Elon Musk’s $280 million in 2024) signal how the ruling shifted political influence toward wealthy donors. This flood of money has reshaped campaigns, giving groups with vast resources unprecedented power in influencing election outcomes.


PACs and Super PACs

Political Action Committees (PACs) are organizations that collect and donate money to support candidates or causes. After Citizens United, a new type of PAC emerged: the Super PAC.

Key Differences Between PACs and Super PACs

FeaturePACsSuper PACs
Donation LimitsCan only accept limited contributionsCan accept unlimited donations
Spending LimitsCan contribute directly to candidatesCannot donate directly, but can spend unlimited independently
CoordinationCan coordinate somewhat with campaignsMust remain fully independent from candidates or parties
DisclosureMust disclose donors to FECAlso must disclose donors, but often use dark money intermediaries

PACs are still relevant, but Super PACs have become the dominant force in modern campaign spending, especially in presidential and Senate elections.


Hard Money vs. Soft Money

Understanding the difference between hard money and soft money is key to understanding campaign finance laws.

  • Hard money refers to regulated contributions given directly to candidates or political parties. These donations are limited by law and must be disclosed to the Federal Election Commission (FEC).
  • Soft money refers to unregulated contributions given to political parties for "party-building activities" like voter registration. It cannot legally be used to support specific candidates, but before the BCRA, soft money was widely used to indirectly influence elections.

The Bipartisan Campaign Reform Act (2002) banned soft money donations to national parties to close this loophole.


The Debate Over Money in Politics

Arguments in Favor of Campaign Spending as Speech

  • Political contributions allow individuals and groups to express their support for candidates and ideas.
  • Limiting spending risks limiting political expression.
  • Independent expenditures (like Super PAC ads) don’t corrupt the candidate directly if there's no coordination.

Arguments for Stricter Campaign Finance Laws

  • Unlimited donations allow wealthy individuals and corporations to disproportionately influence elections.
  • Super PACs often work closely with campaigns in practice, blurring the “independent” line.
  • The rise of dark money and limited transparency reduces public trust in the system.

The Court’s ruling in Citizens United v. FEC does not allow corporations or unions to give directly to candidates. It only protects independent political expenditures, which is a key distinction.


Conclusion

Campaign finance remains one of the most controversial areas of American political life. The tension between protecting free speech and ensuring fair elections has led to a series of compromises, reversals, and workarounds. While the FEC, PACs, and campaign finance laws continue to regulate money in politics, court decisions like Buckley v. Valeo and Citizens United v. FEC have made it clear that money is protected speech, and that speech is often expensive.

Frequently Asked Questions

What is campaign finance and why does it matter for elections?

Campaign finance is how money flows into and is spent during campaigns—who gives it (individuals, PACs, parties), the rules that limit or require disclosure (FEC, hard vs. soft money), and legal decisions that treat spending as speech (Buckley v. Valeo, Citizens United). Laws like the Bipartisan Campaign Reform Act (McCain-Feingold) and the rise of Super PACs and 501(c)(4) “dark money” shape what kinds of ads and independent expenditures are allowed. It matters because money affects who can communicate with voters, helps incumbents stay competitive, funds advertising that shapes perceptions, and raises debates about free speech, fairness, and transparency. For the AP exam know LO 5.11.A and EKs about BCRA, Citizens United, types of PACs, coordinated vs. independent spending, disclosure, and public financing. Want a focused review and practice? Check the Topic 5.11 study guide (https://library.fiveable.me/ap-us-government/unit-5/campaign-finance/study-guide/VIl9E5CBVBluGH6AntwU), the Unit 5 overview (https://library.fiveable.me/ap-us-government/unit-5), and 1,000+ practice problems (https://library.fiveable.me/practice/ap-us-government).

What's the Bipartisan Campaign Reform Act of 2002 and what did it actually do?

The Bipartisan Campaign Reform Act of 2002 (BCRA or “McCain-Feingold”) was a major federal law that tried to curb soft-money influence and limit negative, last-minute ads. Key provisions: - Banned national parties from raising or spending “soft money” (unregulated funds) for federal campaigns. - Restricted “electioneering communications” by corporations, unions, and non-federal PACs within 30 days of a primary and 60 days of a general election (later narrowed by the courts). - Required the “Stand by Your Ad” disclosure (“I’m [name] and I approve this message”). - Adjusted and indexed some contribution limits and tightened disclosure rules. In practice BCRA reduced party soft-money flows and made ad sponsors more visible, but later Supreme Court decisions (notably Citizens United v. FEC) rolled back parts of its restrictions on corporate and union independent spending. For AP review, focus on soft money vs. hard money, electioneering communications, independent vs. coordinated expenditures, and how SCOTUS rulings changed BCRA’s reach (see the Topic 5.11 study guide: https://library.fiveable.me/ap-us-government/unit-5/campaign-finance/study-guide/VIl9E5CBVBluGH6AntwU). For extra practice, try problems at (https://library.fiveable.me/practice/ap-us-government).

Why do politicians have to say "I'm [name] and I approve this message" at the end of ads?

You hear that line because of the Bipartisan Campaign Reform Act (McCain-Feingold) of 2002—its “Stand by Your Ad” rule requires candidates to verbally identify themselves and say “I approve this message” in broadcast ads. The law was meant to increase transparency and make it clear who’s funding or endorsing the message (reducing anonymous “soft money” influence and misleading attack ads). It ties into bigger AP topics: campaign finance rules, disclosure, independent expenditures, and the First Amendment debate (see Citizens United v. FEC, which treated political spending as protected speech). On the exam, this is part of LO 5.11.A about how campaign organization and finance affect elections. Want to review this topic more? Check the Topic 5.11 study guide (https://library.fiveable.me/ap-us-government/unit-5/campaign-finance/study-guide/VIl9E5CBVBluGH6AntwU) and practice questions (https://library.fiveable.me/practice/ap-us-government).

How is political spending considered free speech under the First Amendment?

The Supreme Court treats political spending as protected speech because spending money lets people and groups amplify political messages—that’s considered expression under the First Amendment. In Buckley v. Valeo (1976) the Court ruled limits on campaign expenditures (money spent to communicate messages) violate free speech, distinguishing contributions (can be limited to prevent corruption) from expenditures (more protected). Citizens United v. FEC (2010) extended that protection to corporations and unions, allowing independent expenditures and paving the way for Super PACs; the key is the spending must be independent (not coordinated) with a candidate. Congress responded with BCRA/McCain-Feingold to curb soft money and require disclosures, but the fundamental tension remains: money is speech (Court precedent) vs. concerns about unequal influence and fair elections (ongoing debate in EK 5.11.A.1–A.2). For a focused review, check the Topic 5.11 study guide (https://library.fiveable.me/ap-us-government/unit-5/campaign-finance/study-guide/VIl9E5CBVBluGH6AntwU) and practice problems (https://library.fiveable.me/practice/ap-us-government).

What's the difference between hard money and soft money in campaigns?

Hard money = contributions regulated by federal law: individual and PAC donations that go directly to a candidate or their campaign. Those gifts are limited in size, must be disclosed to the FEC, and can be coordinated with the campaign. Soft money = unregulated (pre-2002) party money for “party-building” activities or issue ads, not officially for a specific candidate—used to influence elections indirectly. The Bipartisan Campaign Reform Act (McCain-Feingold, 2002) tried to ban soft money and curb electioneering ads (EK 5.11.A.1). Court rulings like Citizens United and Buckley v. Valeo shifted the landscape by protecting some independent political spending (Super PACs can raise/spend unlimited money for independent expenditures but can’t coordinate with campaigns). For AP exam purposes, know limits/disclosure rules, coordinated vs. independent expenditures, and how BCRA + SCOTUS decisions shape debates over free speech and fair elections (see topic study guide: https://library.fiveable.me/ap-us-government/unit-5/campaign-finance/study-guide/VIl9E5CBVBluGH6AntwU; unit overview: https://library.fiveable.me/ap-us-government/unit-5). For practice, try problems at (https://library.fiveable.me/practice/ap-us-government).

Why did the Supreme Court rule that corporations can spend unlimited money on elections?

The Court’s 2010 decision in Citizens United v. FEC said political spending is a form of protected speech under the First Amendment, so corporations (and unions/associations) can make independent expenditures for electioneering communications. The Court rejected limits on independent spending because restricting money for ads or advocacy is, in their view, restricting political speech. This built on Buckley v. Valeo (1976), which treated spending limits as speech limits, and it struck down parts of the Bipartisan Campaign Reform Act (McCain-Feingold) that tried to curb corporate-funded ads. Practically, Citizens United led to Super PACs and more “independent expenditures” (not coordinated with campaigns), raising debates about free speech vs. fair elections (EK 5.11.A.1–2). For the AP exam, know the case’s First Amendment reasoning, the coordinated vs. independent distinction, and effects on campaign finance (see the Topic 5.11 study guide: https://library.fiveable.me/ap-us-government/unit-5/campaign-finance/study-guide/VIl9E5CBVBluGH6AntwU). For practice, check unit resources (https://library.fiveable.me/ap-us-government/unit-5) and 1000+ practice questions (https://library.fiveable.me/practice/ap-us-government).

What are PACs and how do they influence elections differently from regular donations?

PACs (political action committees) are organizations that collect contributions to give to candidates or spend on elections. Traditional PACs can donate limited amounts directly to candidates and coordinate with campaigns; they must follow FEC limits and disclose donors (hard money). Super PACs (independent-expenditure-only committees) can raise and spend unlimited funds on advertising but may NOT coordinate with campaigns and must disclose spending. 501(c)(4) “dark money” groups can spend on electioneering with little donor disclosure. How they differ from regular individual donations: individuals give directly to a candidate (subject to contribution limits and disclosure), while PACs pool many donors to amplify impact, can run independent expenditures (often large ads), bundle donations, and fund targeted campaign strategies. Court cases (Citizens United) and laws (McCain-Feingold/BCRA) shape these rules—know this for LO 5.11.A and EK 5.11.A in the CED. For a deeper review, see the Topic 5.11 study guide (https://library.fiveable.me/ap-us-government/unit-5/campaign-finance/study-guide/VIl9E5CBVBluGH6AntwU) and practice questions (https://library.fiveable.me/practice/ap-us-government).

I'm confused about how campaign finance laws actually work - can someone break it down simply?

Think of campaign finance as rules about who can give money, how much, and whether spending counts as candidate speech. Basics: "Hard money" = regulated contributions to candidates (limits, disclosure). "Soft money" = unregulated party funds (banned by the Bipartisan Campaign Reform Act/McCain-Feingold in 2002). The Federal Election Commission (FEC) enforces federal rules. Key court cases: Buckley v. Valeo said spending is protected speech (so limits on spending are tricky); Citizens United allowed corporations/unions to spend independently—that helped create Super PACs (can raise/spend unlimited sums but must make independent expenditures and disclose donors). 501(c)(4) groups can spend on politics with limited disclosure ("dark money"). Coordinated expenditures = treated like candidate spending; independent expenditures = not coordinated and often unlimited. For the AP exam, know the laws, Supreme Court holdings, PAC types, disclosure vs. dark money, and coordinated vs. independent spending. Review the Topic 5.11 study guide (https://library.fiveable.me/ap-us-government/unit-5/campaign-finance/study-guide/VIl9E5CBVBluGH6AntwU) and try practice questions (https://library.fiveable.me/practice/ap-us-government) to prep.

How do I write an FRQ about the debate over money in politics and free speech?

Start with a clear thesis that answers the prompt (e.g., “Because the courts treat money as speech, campaign finance rules must balance First Amendment protections with fair elections”). Quickly define the debate: money as free speech vs. protecting competitive/fair elections (use CED terms: Citizens United v. FEC, Buckley v. Valeo, McCain-Feingold/BCRA, soft money, Super PACs, independent expenditures). Body: give 2–3 specific pieces of evidence (one can be a Supreme Court case + one law). Explain how each supports your claim (causation): e.g., Citizens United expanded corporate independent expenditures → more outside spending → questions about influence and disclosure. Then connect to election effects (access, policymaking, bundling). Counterargument: acknowledge free-speech rationale, then rebut (explain why disclosure or limits on coordinated spending still protect speech while promoting fairness). End with a brief conclusion linking back to the thesis. Follow AP FRQ rules: clear thesis, specific evidence, reasoning, and a refutation of an alternate view (the Argument Essay rubric). For review, see the Topic 5.11 study guide (https://library.fiveable.me/ap-us-government/unit-5/campaign-finance/study-guide/VIl9E5CBVBluGH6AntwU) and unit resources (https://library.fiveable.me/ap-us-government/unit-5). Practice FRQs at (https://library.fiveable.me/practice/ap-us-government).

What's the difference between regular PACs and Super PACs?

Regular PACs (political action committees) and Super PACs both raise money to influence elections, but they work differently. Regular PACs can give limited “hard money” contributions directly to candidates and parties (subject to FEC limits) and may coordinate with campaigns. Super PACs (created after Citizens United and SpeechNow) can raise and spend unlimited funds from individuals, corporations, unions, and associations—but they can only make independent expenditures (can’t coordinate with a candidate or campaign). Super PACs must disclose donors to the FEC, though “dark money” groups (like some 501(c)(4)s) can hide sources. Key CED terms: independent expenditures vs coordinated expenditures, Citizens United v. FEC, Federal Election Commission. For more AP-aligned review on campaign finance, see the Topic 5.11 study guide (https://library.fiveable.me/ap-us-government/unit-5/campaign-finance/study-guide/VIl9E5CBVBluGH6AntwU) and plenty of practice problems (https://library.fiveable.me/practice/ap-us-government).

Why do people argue that campaign finance laws restrict free speech?

People argue campaign finance laws restrict free speech because the Supreme Court has treated political spending as a form of First Amendment expression. Key cases (like Buckley v. Valeo and Citizens United v. FEC) found limits on independent political spending—by individuals, corporations, unions—can reduce the ability to communicate political messages. So when laws cap expenditures or ban certain kinds of contributions, critics say they’re cutting off a way people and groups speak about elections and policy. Supporters of limits counter that big money can drown out other voices and harm fair elections, so restrictions (and disclosure rules) protect democratic competition. On the AP exam you should connect these debates to cases (Citizens United, Buckley), terms like independent expenditures, Super PACs, soft vs. hard money, and tradeoffs between free speech and fair elections. For a focused review, see the Topic 5.11 study guide (https://library.fiveable.me/ap-us-government/unit-5/campaign-finance/study-guide/VIl9E5CBVBluGH6AntwU) and practice questions (https://library.fiveable.me/practice/ap-us-government).

How does unlimited corporate spending affect fair elections?

Unlimited corporate spending—made legal in key part by Citizens United v. FEC (2010)—can undermine fair elections by amplifying wealthy organizations’ voices over ordinary voters. Corporations, PACs, Super PACs, and 501(c)(4) groups can make large independent expenditures and run electioneering communications (sometimes as “dark money” without full disclosure), which increases the potential for unequal influence on campaigns and policy. Because independent expenditures aren’t supposed to be coordinated with candidates, they avoid contribution limits; but massive spending still skews competition, helps shape media narratives, and pressures elected officials who rely on or fear opposing those dollars. On the AP exam, connect this to EK 5.11.A.1–A.2 (Bipartisan Campaign Reform Act, Citizens United, debate over free speech vs. fair elections), and discuss disclosure, coordinated vs. independent expenditures, and public financing as remedies. For a focused review, see the Topic 5.11 study guide (https://library.fiveable.me/ap-us-government/unit-5/campaign-finance/study-guide/VIl9E5CBVBluGH6AntwU) and Unit 5 overview (https://library.fiveable.me/ap-us-government/unit-5). Practice questions: https://library.fiveable.me/practice/ap-us-government.

What are the main arguments for and against strict campaign finance regulations?

For strict campaign finance regulations—arguments for: they reduce corruption or the appearance of it by limiting big donors’ influence, level the playing field to promote competitive and fair elections, curb “dark money” (501(c)(4)s) and unregulated independent expenditures, and increase transparency through disclosure rules and FEC oversight (helps voters make informed choices). Arguments against: strict limits can clash with First Amendment protections of political speech (see Citizens United and Buckley v. Valeo), push spending into independent groups like Super PACs that skirt coordination rules, and make enforcement costly or politicized. Historic laws and cases (McCain-Feingold/BCRA, Citizens United) show the tradeoff between preventing undue influence and protecting free speech. For AP prep, you should be able to link these pros/cons to EK 5.11.A.1–A.3 and name institutions (FEC, PACs, Super PACs)—see the Topic 5.11 study guide (https://library.fiveable.me/ap-us-government/unit-5/campaign-finance/study-guide/VIl9E5CBVBluGH6AntwU) and practice questions (https://library.fiveable.me/practice/ap-us-government).

How do campaign finance rules impact the actual election process and who wins?

Campaign finance rules shape who gets seen, heard, and viable. Limits on contributions and disclosure rules (FEC, hard vs. soft money) try to reduce corruption and increase transparency, while court rulings (Buckley v. Valeo, Citizens United) treat spending as protected speech, allowing corporations, unions, and Super PACs to make large independent expenditures. That means wealthy donors and outside groups can pay for ads, mail, and turnout efforts that boost name recognition and sway undecided voters—often deciding close races. BCRA/McCain-Feingold tried to curb soft money and require “I approve this message” disclosures, but independent/“dark money” 501(c)(4) spending still influences outcomes. For the AP exam, connect these rules and cases to LO 5.11.A (how organization, finance, strategies affect elections). Review the Topic 5.11 study guide for specifics (https://library.fiveable.me/ap-us-government/unit-5/campaign-finance/study-guide/VIl9E5CBVBluGH6AntwU) and practice questions (https://library.fiveable.me/practice/ap-us-government).