National Republican Senatorial Committee v. Federal Election Comm’n · ¶67

As for earmarking rules, amicus and intervenors contend that they leave a gap “where a donor simply expects that his donation will go to a particular candidate, without actively directing his funds.” Brief for Court-Appointed Amicus Curiae 43. But under this Court’s current precedents, a mere expectation or hope does not itself equate to circumvention or rise to the level of quid pro quo corruption or its appearance, especially given a donor’s lack of control over the funds once contributed to the party. McCutcheon, 572 U. S., at 210–211. The possibility that a political party might act in accordance with a contributor’s expectations or hopes—or is even likely to do so—is not enough to override the First Amendment and justify limits on political party speech.

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