National Republican Senatorial Committee v. Federal Election Comm’n · ¶47

But in subsequent cases, particularly McCutcheon and Cruz, this Court has squarely rejected undue influence as a permissible basis for the Government to regulate campaign finances and limit political speech. In those more recent cases, the Court has spoken clearly and definitively: Congress may not restrict spending because of “the possibility that” political parties, individuals, or outside groups that spend “large sums may garner influence over or access to elected officials.” McCutcheon, 572 U. S., at 208 (quotation marks omitted). Nor may they do so “to limit the appearance of mere influence or access.” Ibid. Speech regulations may not target “general gratitude.” Id., at 192. The Court has reasoned that “[i]ngratiation and access . . . are not corruption,” but instead “embody a central feature of democracy—that constituents support candidates who share their beliefs and interests,…

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