What is an independent expenditure in U.S. campaign-finance law?

In U.S. campaign-finance law, an independent expenditure is a communication that expressly advocates for the election or defeat of a clearly identified candidate. To qualify as independent, the expenditure must not be made in cooperation, consultation, or concert with—or at the request or suggestion of—a candidate, their authorized committee, or a political party and its agents.1

The legal framework surrounding these expenditures has evolved significantly through Supreme Court jurisprudence:

• Definition and Regulation: Historically, laws such as the Federal Election Campaign Act (FECA) attempted to regulate spending related to candidates. However, in Buckley v. Valeo (1976), the Court established that spending money to influence elections is a form of protected speech, invalidating limits on independent expenditures.2
• Citizens United Impact: In Citizens United v. Federal Election Commission (2010), the Supreme Court further struck down restrictions that had previously prohibited corporations and unions from using their general treasury funds to make independent expenditures.31

This ruling paved the way for super PACs, which are permitted to raise and spend unlimited funds for independent expenditures, provided they remain independent of the candidates they support.41