Independent expenditure
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In elections in the United States, an independent expenditure is a political activity intended to assist or oppose a specific candidate for office which is made without their cooperation, approval, or direct knowledge. Most commonly, this takes the form of advertising. In some races, independent expenditures may far exceed direct spending by the candidates' campaigns. Groups which frequently make independent expenditures include political party committees, political action committees, and 527 groups.
The decision to allow independent campaign expenditures came about in a 1976 Supreme Court case, Buckley v. Valeo.
In Buckley v. Valeo, the Supreme Court addressed the question: Are limits on campaign contributions/spending the same as limits on free speech? The Court was responding to challenges to the Federal Election Campaign Act (as amended in 1974). One provision of FECA placed limits on independent expenditures. These limits were later overturned in 1976 in the Buckley case on free-speech/political speech grounds.
Political committees must disclose independent expenditures to the Federal Election Commission, and any independent print or broadcast electioneering communication must include a disclaimer stating that it was not endorsed by the candidate.
