


By increasing the risk that candidate loans will not be repaid, Section 304 inhibits candidates from loaning money to their campaigns and as a result burdens core speech. The Court noted that the First Amendment safeguards the ability of a candidate to use personal funds to finance campaign speech, protecting his freedom “to speak without legislative limit on behalf of his own candidacy” (quoting Buckley v. The Commission appealed this decision to the United States Supreme Court (the Court). On June 3, 2021, a three-judge panel of the United States District Court for the District of Columbia ruled the repayment limitation unconstitutional. Plaintiffs argued that the repayment limit unconstitutionally burdens the First Amendment rights of the Senator, his campaign, and anyone seeking to make post-election contributions. That section prohibits campaigns from repaying more than $250,000 in personal loans from the candidate to the campaign using contributions made after the date of an election. § 30116(j)) violates the First Amendment. On April 1, 2019, Ted Cruz for Senate and Senator Ted Cruz (plaintiffs) filed suit against the Commission alleging that Section 304 of BCRA (52 U.S.C. Ted Cruz for Senate that Section 304 of the Bipartisan Campaign Reform Act (BCRA), which limits the repayment of candidate loans, is unconstitutional. On May 16, 2022, the United States Supreme Court affirmed the District Court's judgment in FEC v.
